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McCLAIN v. HALEY

No. 522.

122 S.E.2d 600 (1961)

255 N.C. 728

Lillian Ruth McCLAIN v. Alexander HALEY.

Supreme Court of North Carolina.

November 22, 1961.

Attorney(s) appearing for the Case

Ann Llewellyn McKenzie, Concord, for plaintiff.

John H. Small, Charlotte, for defendant.

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...

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