Legal Opinion

Moseley v. BRANCH BANKING AND TRUST COMPANY

Court of Appeals of North Carolina

Decided August 1, 1973No. 733SC136PublishedCited by 4 opinions

1Opinion of the Court

BROCK, Judge.

Plaintiff assigns as error the order of the trial court vacating the entry of default and allowing defendant Branch Banking and Trust Company 20 days in which to answer. Plaintiff also assigns as error the trial court’s denial of her motion to strike the answer of defendant Branch Banking & Trust Co.

Plaintiff first contends that the order setting aside the entry of default and permitting defendant to file answer was issued “out of time.” She argues that this order was premature because the court did not first rule on her motion for default judgment. We find this argument without…

2Cases cited3 opinions

  1. Crotts v. Camel Pawn Shop, Inc.Court of Appeals of North Carolina · 1972
  2. Stonestreet v. Compton Motors, Inc.Court of Appeals of North Carolina · 1973
  3. Stokes v. SmithSupreme Court of North Carolina · 1957

3Cited by4 opinions

  1. Miller v. MillerCourt of Appeals of North Carolina · 1978
  2. Strauss v. HuntCourt of Appeals of North Carolina · 2000
  3. In re the Foreclosure of the Deed of Trust or Mortgage of BurgessCourt of Appeals of North Carolina · 1982
  4. Moseley v. Branch Banking & Trust Co.Supreme Court of North Carolina · 1973

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