Fagan v. Hazzard

HEDRICK, Judge.

By exceptions one, two, and three, defendant contends the court erred “in refusing as a matter of law to set aside entry of default and allow filing of answer on the grounds that no excusable neglect has been shown.”

First, we point out that there was no “entry of default” nor was there a default judgment under G.S. 1A-1, Rule 55(b). The record discloses that the defendant filed his answer and counterclaim more than thirty days after summons and complaint had been properly served as provided by G.S. 1A-1, Rule 4, without having obtained leave to do so. G.S. 1A-1, Rule 6(b) in…