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FREEMAN v. HARDEE'S FOOD SYSTEMS, INC.

No. 360.

147 S.E.2d 590 (1966)

267 N.C. 56

Richard Lee FREEMAN v. HARDEE'S FOOD SYSTEMS, INC.

Supreme Court of North Carolina.

April 13, 1966.

Attorney(s) appearing for the Case

Herbert B. Hulse and Sasser & Duke, Goldsboro, for plaintiff appellant.

Spruill, Trotter & Lane, Rocky Mount, and George K. Freeman, Jr., Goldsboro, for defendant appellee.

BOBBITT, Justice.

When a clerk of superior court without statutory authority, enters a judgment by default final, it is subject to attack by motion in the cause and will be vacated. Cook v. Bradsher, 219 N.C. 10, 12 S.E.2d 690, and cases cited.

The authority conferred upon clerks of superior court by G.S. § 1-209 and G.S. § 1-211 includes authority to enter judgment by default final when the complaint sets forth a cause of action for "the breach...

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