BROWN v. HALE

No. 601.

130 S.E.2d 868 (1963)

259 N.C. 480

Rufus Macon BROWN v. Edwin Hoyle HALE, George Kelley Johnson, and Joseph G. Banks, t/a Banks Used Cars.

Supreme Court of North Carolina.

May 22, 1963.


Attorney(s) appearing for the Case

Frazier & Frazier, H. Vernon Hart, Greensboro, W. P. Pearce, Franklinton, for plaintiff-appellant.

Holding, Harris, Poe & Cheshire, Raleigh, Smith, Moore, Smith, Schell & Hunter, Greensboro, for defendants-appellees.


DENNY, Chief Justice.

The determinative question before us is whether or not the neglect of defendants' attorneys in failing to file answer within the time allowed, in light of the facts and circumstances disclosed by the record, is imputable to these defendants.

What duty does the law impose upon a defendant in a civil action with respect to filing answer or other pleading?

The decisions on the subject now before us are not entirely satisfactory with...

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