§ 42‑30. Judgment byconfession, where plaintiff has proved case, or failure to appear.
The summons shall be returnedaccording to its tenor, and if on its return it appears to have been dulyserved, and if (i) the plaintiff proves his case by a preponderance of theevidence, (ii) the defendant admits the allegations of the complaint, or (iii)the defendant fails to appear on the day of court, and the plaintiff requestsin open court a judgment for possession based solely on the filed pleadingswhere the pleadings allege defendant's failure to pay rent as a breach of thelease for which reentry is allowed and the defendant has not filed a responsivepleading, the magistrate shall give judgment that the defendant be removedfrom, and the plaintiff be put in possession of, the demised premises; and ifany rent or damages for the occupation of the premises after the cessation ofthe estate of the lessee, not exceeding the jurisdictional amount establishedby G.S. 7A‑210(1), be claimed in the oath of the plaintiff as due andunpaid, the magistrate shall inquire thereof, and if supported by apreponderance of the evidence, give judgment as he may find the fact to be. (1868‑9, c. 156, s. 22;Code, s. 1769; Rev., s. 2004; C.S., s. 2369; 1971, c. 533, s. 5; 1973, c. 10;c. 1267, s. 4; 1979, c. 144, s. 5; 1981, c. 555, s. 5; 1985, c. 329, s. 1;1989, c. 311, s. 4; 1993, c. 553, s. 73(d); 2005‑423, s. 10.)
§ 42‑30. Judgment byconfession, where plaintiff has proved case, or failure to appear.
The summons shall be returnedaccording to its tenor, and if on its return it appears to have been dulyserved, and if (i) the plaintiff proves his case by a preponderance of theevidence, (ii) the defendant admits the allegations of the complaint, or (iii)the defendant fails to appear on the day of court, and the plaintiff requestsin open court a judgment for possession based solely on the filed pleadingswhere the pleadings allege defendant's failure to pay rent as a breach of thelease for which reentry is allowed and the defendant has not filed a responsivepleading, the magistrate shall give judgment that the defendant be removedfrom, and the plaintiff be put in possession of, the demised premises; and ifany rent or damages for the occupation of the premises after the cessation ofthe estate of the lessee, not exceeding the jurisdictional amount establishedby G.S. 7A‑210(1), be claimed in the oath of the plaintiff as due andunpaid, the magistrate shall inquire thereof, and if supported by apreponderance of the evidence, give judgment as he may find the fact to be. (1868‑9, c. 156, s. 22;Code, s. 1769; Rev., s. 2004; C.S., s. 2369; 1971, c. 533, s. 5; 1973, c. 10;c. 1267, s. 4; 1979, c. 144, s. 5; 1981, c. 555, s. 5; 1985, c. 329, s. 1;1989, c. 311, s. 4; 1993, c. 553, s. 73(d); 2005‑423, s. 10.)
§ 42‑30. Judgment byconfession, where plaintiff has proved case, or failure to appear.
The summons shall be returnedaccording to its tenor, and if on its return it appears to have been dulyserved, and if (i) the plaintiff proves his case by a preponderance of theevidence, (ii) the defendant admits the allegations of the complaint, or (iii)the defendant fails to appear on the day of court, and the plaintiff requestsin open court a judgment for possession based solely on the filed pleadingswhere the pleadings allege defendant's failure to pay rent as a breach of thelease for which reentry is allowed and the defendant has not filed a responsivepleading, the magistrate shall give judgment that the defendant be removedfrom, and the plaintiff be put in possession of, the demised premises; and ifany rent or damages for the occupation of the premises after the cessation ofthe estate of the lessee, not exceeding the jurisdictional amount establishedby G.S. 7A‑210(1), be claimed in the oath of the plaintiff as due andunpaid, the magistrate shall inquire thereof, and if supported by apreponderance of the evidence, give judgment as he may find the fact to be. (1868‑9, c. 156, s. 22;Code, s. 1769; Rev., s. 2004; C.S., s. 2369; 1971, c. 533, s. 5; 1973, c. 10;c. 1267, s. 4; 1979, c. 144, s. 5; 1981, c. 555, s. 5; 1985, c. 329, s. 1;1989, c. 311, s. 4; 1993, c. 553, s. 73(d); 2005‑423, s. 10.)
