GENERAL FOODS CORP. v. MORRIS

No. 8026SC426.

272 S.E.2d 17 (1980)

49 N.C. App. 541

GENERAL FOODS CORPORATION v. P. W. MORRIS, a/k/a Paul Wayne Morris, a/k/a Wayne Morris, t/a Metrolina Tobacco Company.

Court of Appeals of North Carolina.

November 18, 1980.


Attorney(s) appearing for the Case

Fairley, Hamrick, Monteith & Cobb by John W. Fairley, Charlotte, for plaintiff-appellee.

James, McElroy & Diehl by Allen J. Peterson, Charlotte, for defendant-appellant.


HILL, Judge.

The record does not contain findings that defendant was not an infant or incompetent at the time he was served with summons and complaint in this action or at the time of the entry of default or default judgment. Defendant contends that such findings are necessary and that, because they are missing, the trial court erred in refusing to vacate the entry of default and the default judgment. We find no error.

Rule 55 of the Rules of Civil Procedure...

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