Affirmed on authority of Brittain v. Howell, 19 N. C., 107.
Affirmed.
Goode v. Maiden Chair Co., 202 N.C. 826 (1932)
Feb. 17, 1932
·
Supreme Court of North Carolina
202 N.C. 826
EVA S. GOODE v. MAIDEN CHAIR COMPANY et al.
(Filed 17 February, 1932.)
Appeal by defendant, R. B. Killian, from Moore, J., at July Term, 1931, of LINCOLN.
Civil' action to recover on a promissory note made by Maiden Cbair Company and endorsed by R. B. Killian and others, instituted 28 March, 1930, and judgment by default, for the want of an answer, entered 12 May, 1930.
Thereafter, on 29 June, 1931, R. B. Killian lodged a motion to vacate the judgment on the ground that “no prosecution bond was executed at the time of the purported summons issued.” Motion overruled, and movant appeals.
Kemp B. Nixon for plaintiff.
W. H. Childs and W. A. Dennis for defendant, Killian.