H & B COMPANY OF STATESVILLE v. Hammond

GRAHAM, Judge.

In moving “to correct” the default judgment entered on 19 January 1971, plaintiff was not seeking relief from the judgment pursuant to G.S. 1A-1, Rule 60(b) which allows a court to “relieve” a party or his legal representative from a final judgment under certain circumstances. The default judgment was in no way adverse to plaintiff, and rather than seeking to be relieved from its operation, plaintiff was attempting to have its rights under the judgment extended to include additional and entirely different relief. In allowing plaintiff’s motion, the court amended the judgment so…