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PEEBLES v. MOORE

No. 13.

275 S.E.2d 833 (1981)

Calvin E. PEEBLES v. Harold MOORE.

Supreme Court of North Carolina.

March 4, 1981.

Attorney(s) appearing for the Case

Sanford, Adams, McCullough & Beard by J. Allen Adams, Peter J. Sarda and William G. Pappas, Raleigh, for plaintiff.

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

BRANCH, Chief Justice.

Plaintiff first takes the position that under Chapter 1A-1 of the General Statutes a clerk of the superior court has authority to enter a default even though an answer is on file prior to the request for entry of default. Defendant on the other hand argues that the established practice in North Carolina does not permit a clerk to enter a default when an answer is on file, and that the adoption of Chapter 1A-1 does not affect the established...

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