PEEBLES v. MOORE

No. 7910SC1163.

269 S.E.2d 694 (1980)

48 N.C. App. 497

Calvin E. PEEBLES v. Harold MOORE.

Court of Appeals of North Carolina.

September 2, 1980.


Attorney(s) appearing for the Case

Sanford, Adams, McCullough & Beard by J. Allen Adams and William George Pappas, Raleigh, for plaintiff-appellee.

Ragsdale & Liggett by George R. Ragsdale and Jane Flowers Finch, Raleigh, for defendant-appellant.


MORRIS, Chief Judge.

Defendant's first assignment of error is to the trial court's entry of default against him. Defendant argues that there is no record of a written motion for entry of default having been filed with the clerk, and that his answer, although untimely, constituted a bar to the entry of default. We believe, however, that entry of default was proper.

With respect to the necessity of a written motion for entry of default, under Rule 55, "[w]hile...

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