Chozen Confections, Inc. v. . Johnson

It is apparent that the judgment by default final was improvidently entered. It was irregular. Under tbe allegations of the complaint, plaintiff was entitled only to a judgment by default and inquiry. C. S., 595, 596; Byerly v. Acceptance Corp., 196 N. C., 256, 145 S. E., 236; Supply Co. v. Plumbing Co., 195 N. C., 629, 143 S. E., 248; Jeffries v. Aaron, 120 N. C., 167, 26 S. E., 696. Nor could the liability of the sureties on the indemnity obligation exceed that of the principal. S. v. Guarantee Co., 207 N. C., 725, 178 S. E., 550.

However, upon the motion to set aside the judgment on the…