Piney Mountain Properties v. National Theatre Supply Co.

Court of Appeals of North Carolina

Piney Mountain Properties v. National Theatre Supply Co.

169 S.E.2d 465, 6 N.C. App. 191, 1969 N.C. App. LEXIS 1164

CourtCourt of Appeals of North Carolina

DecidedSeptember 17, 1969

Docket6928SC193

StatusPublished

Cited by1 cases

This text of 169 S.E.2d 465 (Piney Mountain Properties v. National Theatre Supply Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Piney Mountain Properties v. National Theatre Supply Co., 169 S.E.2d 465, 6 N.C. App. 191, 1969 N.C. App. LEXIS 1164 (N.C. Ct. App. 1969).

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Opinion

BeocK, J.

There is a distinct difference in a judgment by default final *193 as authorized by G.S. 1-211, and a judgment by default and inquiry as authorized by G.S. 1-212. DeHoff v. Black, 206 N.C. 687, 175 S.E. 179. A judgment by default final establishes the matters adjudicated, if supported by verified allegations in the complaint, and concludes by way of estoppel. DeHoff v. Black, supra. Judgment by default final, where there is no appeal or motion to set aside, concludes the controversy between plaintiff and defaulting defendant, and further proceedings between plaintiff and other defendants cannot adjudicate rights between plaintiff and the defaulting defendant against whom final judgment already had been entered.

Also, it is equally clear that default final judgment against Mohow, Inc., did not adjudicate any rights between plaintiff and the answering defendants. The judgment by default final against Mohow, Inc., in no way prejudiced the rights of the answering defendants in their defense against plaintiff’s allegations.

We adhere to our decision as filed 30 April 1969 (reported 4 N.C. App. 334, 166 S.E. 2d 840).

Campbell and MoRRis, JJ., concur.

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BeocK, J.

There is a distinct difference in a judgment by default final *193 as authorized by G.S. 1-211, and a judgment by default and inquiry as authorized by G.S. 1-212. DeHoff v. Black, 206 N.C. 687, 175 S.E. 179. A judgment by default final establishes the matters adjudicated, if supported by verified allegations in the complaint, and concludes by way of estoppel. DeHoff v. Black, supra. Judgment by default final, where there is no appeal or motion to set aside, concludes the controversy between plaintiff and defaulting defendant, and further proceedings between plaintiff and other defendants cannot adjudicate rights between plaintiff and the defaulting defendant against whom final judgment already had been entered.

Also, it is equally clear that default final judgment against Mohow, Inc., did not adjudicate any rights between plaintiff and the answering defendants. The judgment by default final against Mohow, Inc., in no way prejudiced the rights of the answering defendants in their defense against plaintiff’s allegations.

We adhere to our decision as filed 30 April 1969 (reported 4 N.C. App. 334, 166 S.E. 2d 840).

Campbell and MoRRis, JJ., concur.

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Bluebook (online)

169 S.E.2d 465, 6 N.C. App. 191, 1969 N.C. App. LEXIS 1164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/piney-mountain-properties-v-national-theatre-supply-co-ncctapp-1969.

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