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PRIVETTE v. PRIVETTE

No. 769SC139.

226 S.E.2d 188 (1976)

30 N.C. App. 41

Mildred Ruth PRIVETTE, Individually, and Mildred Ruth Privette, guardian ad litem of Martha Lynette Kemper, Minor, Petitioners v. Ernestine W. PRIVETTE, widow, et al., Defendants, v. PEOPLES BANK & TRUST COMPANY, Trustee for William Avon Privette, Jr., under the Will of Avon Privette, Third-Party Defendant.

Court of Appeals of North Carolina.

July 7, 1976.

Attorney(s) appearing for the Case

Yarborough, Jolly & Williamson by E. F. Yarborough and Wilbur M. Jolly, Louisburg, for petitioners-appellees.

Davis & Davis by F. Leary Davis, Jr., Zebulon, for respondents-appellees and third-party respondents-appellees.

J. Michael Weeks, Zebulon, for respondents-appellants.

BRITT, Judge.

Appellants contend the trial court erred in (1) denying their motion pursuant to G.S. 1A-1, Rule 6(b), for an extension of time to plead to the crossclaims, (2) denying their motion pursuant to Rule 55(d) to set aside the entry of default against them, and (3) entering default judgment on the crossclaims. We find no merit in the contentions.

It is clear that a motion pursuant to Rule 6(b) to enlarge the time for filing a pleading, and a motion...

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