In Re Stutts

Decided January 11, 1957

Supreme Court of North Carolina · decided 1957-01-11

Key passage — most relied on by later courts

“if it is determined by the Commission [Employment Security Commission] that such an individual is, at the time such claim is filed, unemployed because he was discharged for misconduct connected with his work * * *.”

quoted by 1 later decision, including Blue Jeans Corp. v. AMALGAMATED CLOTH. WKRS. OF AM.

Relies on State ex rel. Employment Security Commission v. Smith

Good law ✅— No negative treatment on recordhow we know

Decided 1957-01-11

How this case has been cited

Cited by 10 later decisions — most recently March 1981

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER OuRiam.

¶1 There is competent evidence in the Record to support the Employment Security Commission’s findings of fact that claimant at the time his claim was filed, is unemployed, because he was discharged for misconduct connected with his work. Such a finding supports its conclusion and decision that claimant was disqualified for benefits for nine consecutive weeks. G.S. 96-14(b). Such findings of fact by the Commission supported by competent evidence are binding upon review. G.S. 96-4 (m); Employment Security Com. v. Smith, 235 N.C. 104, 69 S.E. 2d 32.

¶2 The ruling of the Commission was affirmed in all respects on appeal to the Superior Court. It is supported by the language of the statute and the evidence. No reason appears to disturb the judgment below.

¶3 Affirmed.

JohnsoN, J., not sitting.