HUBBARD v. LUMLEY

No. 7321SC154.

195 S.E.2d 330 (1973)

17 N.C. App. 649

Nancy Varner HUBBARD v. Barbara Gantt LUMLEY and Donald Howard Hubbard.

Court of Appeals of North Carolina.

March 28, 1973.


Attorney(s) appearing for the Case

Hudson, Petree, Stockton, Stockton & Robinson by Norwood Robinson, Winston-Salem, for plaintiff appellant.

Deal, Hutchins & Minor by John M. Minor and William K. Davis, Winston-Salem, for defendant appellee.


MORRIS, Judge.

Plaintiff asserts that the trial judge abused his discretion in setting aside and vacating entry of default against defendant Hubbard.

When an entry of default has been made by the Clerk of Superior Court, a motion to set aside and vacate that entry is governed by the provisions of Rule 55(d) of the North Carolina Rules of Civil Procedure which provide as follows:

"(d) Setting aside default.—For good cause shown...

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