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255 N.C. 728

McClain v. Haley

Supreme Court of North Carolina

Decided November 22, 1961

Supreme Court of North Carolina · decided 1961-11-22

Relies on Rierson v. . York

Decided 1961-11-22

Per Curiam.

¶1The 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.

¶2In 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.

¶3The judgment of the court below is

¶4Affirmed.

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