Supreme Court of North Carolina, 1954

State v. Barley

State v. Barley
Supreme Court of North Carolina · Decided May 5, 1954 · JohNson
81 S.E.2d 772; 240 N.C. 253; 1954 N.C. LEXIS 415 (South Eastern Reporter, Second Series)
State v. Barley

Cases that cite this one

13 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

JohNson, J.

The relation of attorney and client rests on principles of agency, and not guardian and ward. While an attorney has implied authority to make stipulations and decisions in the management or prosecution of an action, such authority is usually limited to matters of procedure, and, in the absence of special authority, ordinarily a stipulation operating as a surrender of a substantial right of the client will not be upheld. See Deitz v. Bolch, 209 N.C. 202, 183 S.E. 384; Bizzell v. Equipment Co., 182 N.C. 98, 108 S.E. 439; 5 Am. Jur., Attorneys at Law, Sections 91 and 92.

The defendant in apt time disavowed the plea of nolo contendere as tendered by counsel and continued to protest his innocence throughout the proceedings below.

On the record as presented we conclude he is entitled to his day in court before a jury. To that end the judgment below will be vacated and set aside and the cause remanded for trial on the defendant’s plea of not guilty.

Reversed and remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.