Bank of Pinehurst v. Derby

By bearing tbe two motions together the defendant was apparently disadvantaged, for he could not resist the plaintiff’s motion in its entirety or that part asking for judgment by default, without waving his special appearance. Scott v. Life Assn., 137 N. C., 515, 50 S. E., 221. Nor could he ask for time to plead to the merits without making a general appearance. Abbitt v. Gregory, 195 N. C., 203, 141 S. E., 587; Currie v. Mining Co., 157 N. C., 209, 72 S. E., 980. He gave notice of appeal from the denial of his motion, which was his right. Denton v. Vassiliades, 212 N. C., 513, 193 S. E.,…