King v. . Rudd

The plaintiffs were clearly entitled to judgment by default final when the defendants omitted to answer by 10 August, 1936. G-. S., 1-211. The failure of the plaintiffs to move promptly for such a judgment did not work a discontinuance of the action. University v. Lassiter, 83 N. C., 38.

Whether the executor, who stands in the shoes of the deceased, and the Nickses, who claim under her through purchase pendente lite, should be allowed to file answer at this late date was a matter resting in the sound discretion of the trial court. O’Briant v. Bennett, 213 N. C., 400, 196 S. E., 336; Washington…