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HOWZE v. McCALL

No. 244.

106 S.E.2d 236 (1958)

249 N.C. 250

William B. HOWZE v. James L. McCALL and James O. Lyons.

Supreme Court of North Carolina.

December 10, 1958.

Attorney(s) appearing for the Case

William H. Booe, Charlotte, for plaintiff appellant.

John H. Small, Charlotte, for James O. Lyons, appellee.

WINBORNE, Chief Justice.

Under decisions of this Court the effect of a judgment by default and inquiry is threefold. "(1) It establishes a right of action of the kind properly pleaded in the complaint. * * * (2) It determines the right of the plaintiff to recover at least nominal damages and costs. * * * (3) It precludes the defendant from offering any evidence, in the execution of the inquiry, to show that the plaintiff has no right of action." So wrote Stacy, C...

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