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QUAKER FURNITURE HOUSE, INC. v. BALL

No. 7625SC347.

228 S.E.2d 475 (1976)

31 N.C. App. 140

QUAKER FURNITURE HOUSE, INC. v. Emil BALL, Individually as general partner, and Spanish Inns Charlotte, Ltd., a North Carolina Limited Partnership.

Court of Appeals of North Carolina.

October 6, 1976.

Attorney(s) appearing for the Case

Corne & Pitts by Larry W. Pitts, Newton, for plaintiff-appellant.

Craighill, Rendleman & Clarkson by Francis O. Clarkson, Jr., Charlotte, for defendants-appellees.

HEDRICK, Judge.

Plaintiff assigns as error the order of the trial court setting aside the default judgment. Plaintiff concedes that service of the answer was had upon it within the thirty-day period after service of the summons and complaint prescribed by G.S. 1A-1, Rule 12(a)(1), but argues that the portion of G.S. 1A-1, Rule 5(d) which provides, "All pleadings subsequent to the complaint shall be filed with the court," entitles it to a default judgment since the...

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