Miller v. Miller

BROCK, Chief Judge.

Rule 55 (d) of the North Carolina Rules of Civil Procedure provides that

“[f]or good cause shown the court may set aside an entry of default, and, if a judgment by default has been entered, the judge may set it aside in accordance with rule 60(b).” (Emphasis added.)

It is well settled that an entry of default is to be distinguished from a judgment by default. Whaley v. Rhodes, 10 N.C. App. 109, 177 S.E. 2d 735. An entry of default is made by the clerk of court and has been characterized as a “ministerial duty.” See 2 McIntosh, N. C. Practice 2d, § 1668 (Supp. 1970). Courts…