FAGAN v. HAZZARD

No. 7618SC65.

225 S.E.2d 640 (1976)

29 N.C. App. 618

Betty Crotts FAGAN v. Arthur S. HAZZARD.

Court of Appeals of North Carolina.

June 16, 1976.


Attorney(s) appearing for the Case

Schoch, Schoch, Schoch & Schoch by Arch Schoch, Jr., High Point, for plaintiff appellee.

Stephen E. Lawing, High Point, for defendant appellant.


HEDRICK, Judge.

By exceptions one, two, and three, defendant contends the court erred "in refusing as a matter of law to set aside entry of default and allow filing of answer on the grounds that no excusable neglect has been shown."

First, we point out that there was no "entry of default" nor was there a default judgment under G.S. 1A-1, Rule 55(b). The record discloses that the defendant filed his answer and counterclaim more than thirty days after summons...

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