Volume 11 — North Carolina Court of Appeals Reports

1. Rules of Civil Procedure 11 — verification of pleadings — action based on written instrument for payment of money G.S. <cross_reference>1A-1</cross_reference>, Rule 11(c) does not require verification of the pleadings when the action or defense is founded on a written instrument for the payment of money. 2. Judgments 14, 17; Rules of Civil Procedure 55 — default judgment — jurisdiction A judgment by default is void if the court is without jurisdiction. 3. Judgments 14; Rules of Civil Procedure 55 — default judgment against nonappearing defendant In order for a valid default judgment to be entered against a nonappearing defendant, there must be compliance with the requirement of Rule 55 that it appear by affidavit or otherwise that the party against whom a judgment for affirmative relief is sought has failed to plead or is otherwise subject to default judgment as provided by law, and with the requirement of G.S. <cross_reference>1-75.11</cross_reference> that there be proof of jurisdiction. 4. Judgments 14 — default judgment against nonappearing defendant — establishment of jurisdiction In order to establish personal jurisdiction for entry of judgment against a nonappearing defendant, G.S. <cross_reference>1-75.11</cross_reference> requires, in addition to proof of service of summons, that an affidavit or other evidence be<page_number>Page 2</page_number> made and filed of the existence of any fact needed to establish personal jurisdiction over a defendant which is not shown by a verified complaint. 5. Courts 2; Judgments 14 — default judgment — nonappearing defendant — jurisdiction Personal jurisdiction over a nonappearing defendant for the purpose of entry of a default judgment is not presumed by the service of summons and an unverified complaint but must be proven and appear of record as required by G.S. <cross_reference>1-75.11</cross_reference>. 6. Judgments 14 — default judgment — nonappearing defendant — failure to show personal jurisdiction The summons, the certificate of the officer serving it, and the unverified complaint were insufficient under G.S. <cross_reference>1-75.11</cross_reference> to show that the court had jurisdiction to enter a personal judgment by default against a nonappearing defendant.

1. Appeal and Error 57 — failure to include evidence in record — review of findings of fact Where the evidence has not been brought forward in the record on appeal, the court's findings of fact properly made must be deemed supported by competent and sufficient evidence. 2. Rules of Civil Procedure 52; Trial 58 — nonjury trial — findings by court When it becomes incumbent on the trial court to make findings of fact, the court should make its own determination as to what pertinent facts are actually established by the evidence rather than merely reciting what the evidence may tend to show. 3. Divorce and Alimony 18 — alimony pendente lite — wife's earnings substantially higher than husband's The trial court erred in awarding alimony and counsel fees pendente lite to the wife where the court found the husband earns a net monthly income of $318.92 while the wife earns a net monthly income of $349.70 even after a deduction therefrom of $52.00 per month for a "thrift fund." G.S. <cross_reference>50-16.3</cross_reference>(a)(2) 4. Divorce and Alimony 18 — life insurance with child as beneficiary — payment of premiums pendente lite The trial court erred in ordering defendant husband to pay pendente lite the monthly premiums on two life insurance policies in which the child of the parties is named as primary beneficiary, since such payments provide nothing to meet the immediate needs of the child pending the hearing of the case on the merits.