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BAILEY v. GOODING

No. 798SC538.

263 S.E.2d 634 (1980)

Patricia T. BAILEY and Ebert L. Bailey, Jr. v. Marvin C. GOODING, Seashore Transportation Company and Carolina Coach Company.

Court of Appeals of North Carolina.

March 4, 1980.

Attorney(s) appearing for the Case

Freeman, Edwards & Vinson by George K. Freeman, Jr., Goldsboro, and Narron, Holdford, Babb, Harrison & Rhodes by William H. Holdford, Wilson, for plaintiffs appellants.

Young, Moore, Henderson & Alvis by B. T. Henderson, II and Robert C. Paschal, Raleigh, for defendants appellees.

VAUGHN, Judge.

This appeal arises out of the attempt by plaintiffs to obtain a default judgment. On 17 October 1977, they obtained an entry of default before the clerk of superior court.

Entry.—When a party against whom a judgment for affirmative relief is sought has failed to plead or is otherwise subject to default judgment as provided by these rules or by statute and that fact is made to appear by affidavit, motion of attorney for the plaintiff...

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