State v. Vance Plumbing & Electric Co.

We think the court below correct in the refusal of the motions made by defendant for judgment as in case of nonsuit. C. S., 567.

This action was brought under O. S., 2445, as amended by chapter 100 of the Public Laws 1923. The plaintiff obtained before the clerk a judgment by default final against the defendants. Upon proper notice the judgment was set aside. A similar judgment was held to be irregular in Jeffries v. Aaron, 120 N. C., 167. The contention of defendants was to the effect that the judgment should have been by default and inquiry, as the complaint, although verified, did not…