Legal Opinion

General Foods Corp. v. Morris

Court of Appeals of North Carolina

Decided November 18, 1980No. 8026SC426PublishedCited by 4 opinions

1Opinion of the Court

HILL, Judge.

The record does not contain findings that defendant was not an infant or incompetent at the time he was served with summons and complaint in this action or at the time of the entry of default or default judgment. Defendant contends that such findings are necessary and that, because they are missing, the trial court erred in refusing to vacate the entry of default and the default judgment. We find no error.

Rule 55 of the Rules of Civil Procedure reads in pertinent part:(b) Judgment. Judgment by default may be entered as follows:(l)By the Clerk. — When the plaintiff’s claim against…

2Cases cited4 opinions

  1. Roland v. W & L Motor Lines, Inc.Court of Appeals of North Carolina · 1977
  2. Hill v. HillCourt of Appeals of North Carolina · 1971
  3. Kerchner v. . BakerSupreme Court of North Carolina · 1880
  4. Bailey v. GoodingCourt of Appeals of North Carolina · 1980

3Cited by4 opinions

  1. Adam v. Van BurenSouth Dakota Supreme Court · 1982
  2. Federated Financial Corp. of America v. JenkinsCourt of Appeals of North Carolina · 2011
  3. Kbt Realty Servs., Inc. v. Appycity, LLCNorth Carolina Business Court · 2021
  4. Edwards v. Vanguard Fiduciary Trust Co.North Carolina Business Court · 2019

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