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GARDNER v. PRICE

No. 17.

89 S.E.2d 147 (1955)

242 N.C. 592

Chloe Price GARDNER, Hannah M. Price, Hellen Potter Price, and Alice Walker Price, v. John A. PRICE and wife, Lillian E. Price.

Supreme Court of North Carolina.

September 21, 1955.

Attorney(s) appearing for the Case

Rodman & Rodman, Bryan Grimes, James B. McMullan, and A. W. Bailey, Washington, for plaintiff appellees.

P. H. Bell, Plymouth, and Charles V. Bell, Charlotte, for defendant appellants.

BARNHILL, Chief Justice.

The appellants in their oral argument rested their case squarely on the contention that the judgment by default final entered in 1944 is void, and that, therefore, they are not barred by lapse of time. City of Monroe v. Niven, 221 N.C. 362, 20 S.E.2d 311. This contention cannot be sustained. Where a judge enters a judgment by default final when the complaint will not support anything more than a judgment by default and inquiry, the judgment...

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