Cook v. . Bradsher

In brief of plaintiffs, appellees, it is stated that “The only question involved is the legality of the judgment signed by the clerk of Superior Court of Person County, November 7, 1938.” Upon that arises this question:

When defendants in this action failed to answer, did the clerk of Superior Court have authority, upon the allegations of the complaint, to render a judgment by default final ? The statute points to a negative answer. Public Laws, Extra Session 1921, ch. 92, subsection 12 of section 1.

In this State the clerk of Superior Court is a court of very limited jurisdiction, having only…