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PINEY MOUNTAIN PROP. v. NATIONAL THEATRE SUP. CO.

No. 6928SC193.

169 S.E.2d 465 (1969)

6 N.C. App. 191

PINEY MOUNTAIN PROPERTIES v. NATIONAL THEATRE SUPPLY COMPANY, a Corporation; Clark C. Totherow and John R. Ingle, Substitute Trustees.

Court of Appeals of North Carolina.

September 17, 1969.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes & Hyde, by Herbert L. Hyde, and Bennett, Kelly & Long, by Robert B. Long, Jr., Asheville, for plaintiff appellee.

McGuire, Bailey & Wood, by Richard A. Wood, Jr., and James T. Rusher, Asheville, and Myers, Sedberry & Collie, by Charles T. Myers, Charlotte, for defendant appellant.

BROCK, Judge.

There is a distinct difference in a judgment by default final as authorized by G.S. § 1-211, and a judgment by default and inquiry as authorized by G.S. § 1-212. DeHoff v. Black, 206 N.C. 687, 175 S.E. 179. A judgment by default final establishes the matters adjudicated, if supported by verified allegations in the complaint, and concludes by way of estoppel. DeHoff v. Black, supra. Judgment by default final, where there is no appeal...

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