Supreme Court of North Carolina, 1961

McClain v. Haley

McClain v. Haley
Supreme Court of North Carolina · Decided November 22, 1961
255 N.C. 728; 122 S.E.2d 600; 1961 N.C. LEXIS 664

McClain v. Haley

Opinion of the Court

Per Curiam.

The negligence of an attorney, although inexcusable, if not imputable to the litigant may still be cause for relief. Rierson v. York, 227 N.C. 575, 42 S.E. 2d 902.

In the hearing below, the court found that neither the defendant nor his insurance carrier had been guilty of negligence; that the negligence of defendant’s counsel was excusable; and that the defendant has a meritorious defense to the action.

The judgment of the court below is

Affirmed.

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