Kirby v. ASHEVILLE CONTRACTING COMPANY

HEDRICK, Judge.

The plaintiff’s ten assignments of error present the question of whether Judge McLean had authority to set aside the judgment of default entered by the clerk, and, if so, whether the evidence supports the findings of fact and the conclusion of law entered thereon.

G.S. 1A-1, Rule 55 (d), provides:

“For 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).”

The judgment entered by the clerk was not a mere entry of default, but was a final judgment which may be set aside…