Howze v. McCall

Under decisions of this Court the effect of a judgment by default and inquiry is threefold. “1. It establishes a right of action of the kind properly pleaded in the complaint. * * * 2. It determines the right cf the plaintiff to recover at least nominal damages and costs. ® 3. It precludes the defendant from offering any evidence, in the execution of the inquiry, to show that the plaintiff has no right of action.” So wrote Stacy, C. J., for the Court in DeHoff v. Black, 206 N.C. 687, 175 S.E. 179, citing cases in support ■of each.

In keeping with the primary effect as just stated, “the default…