WHALEY v. RHODES

No. 708SC672.

177 S.E.2d 735 (1970)

10 N.C. App. 109

L. Ishmael WHALEY v. H. Spicer RHODES.

Court of Appeals of North Carolina.

December 16, 1970.


Attorney(s) appearing for the Case

Henson P. Barnes and R. C. Braswell by R. C. Braswell, Goldsboro, for plaintiff appellant.

Taylor, Allen, Warren & Kerr by John H. Kerr, III, Goldsboro, for defendant appellee.


CAMPBELL, Judge.

Plaintiff assigns as error (1) the conclusion of law of the trial judge to the effect that the defendant's failure to file an answer was the result of excusable neglect; and (2) the action of the trial judge in granting the motion to set aside and vacate the entry of default against the defendant.

When an entry of default has been made by the Clerk of the Superior Court, a motion to vacate that entry is governed by the provisions of Rule 55...

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