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137 N.C. 285

49 S.E 474

Junge v. MacKnight

Supreme Court of North Carolina

Decided December 17, 1904

Supreme Court of North Carolina · decided 1904-12-17

<p>JUDGMENTS — Quieting Title — The Oode, sees., 385, 386 — Acts 1893, Ohap. 6 — The Oode, see. 286.</p> <p>In an action to determine conflicting claims to real property, the failure of the defendant to answer at the return term entitled plaintiff to a judgment by default final in accordance with the facts stated in the complaint, without inquiry or proof of such facts.</p> <p>Clark, O. J., and Douglas, J., dissenting.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1904-12-17

How this case has been cited

Cited by 3 later decisions — most recently March 1961

3 state decisions

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Clark, C. J.,

¶1dissenting. The sole point in this case is whether a judgment by default final could be entered. There is nothing in the record which calls in question the effect of a judgment by default and inquiry. The majority of the Court do not concur in a review of any part of the unanimous decision lately rendered in Osborn v. Leach, 133 N. C., 432, since cited and approved in same case, 135 N. C., 628, which makes it therefore unnecessary to discuss it. I concur with Mr. *295Justice Douglas' dissent upon tbe question presented by tbe record, and refer to tbe views set forth in my concurring opinion on tbe former bearing of tbis case, 135 N. C., 107.

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