Legal Opinion

Dunn v. . Underwood

Supreme Court of North Carolina

Decided February 5, 1895PublishedCited by 4 opinions

This was an aotioN to reinstate, an appeal, dismissed on motion of appellee for failure of appellant to print the record. The grounds of the motion appear in the opinion of Associate Justice Clare:.

1Opinion of the Court

Clare, J.:

The appeal was dismissed at last Term for ailure to print the record. The appellant moved at the sanie Term to reinstate, as required by rule 30. The reason assigned was that the neglect to print was the negligence of counsel. The Court has repeatedly held that having the record printed requires no legal skill, and that, if an appellant entrusts it to counsel, his negligence in such regard is the negligence of an agent merely, not that of .counsel. Griffin v. Nelson, 106 N. C., 235; Stephens v. Koonce, Ibid, 255; Edwards v. Henderson, 109 N. C., 83; Turner v. Tate, 112 N. C., 457;…

2Cases cited3 opinions

  1. Edwards v. Town of HendersonSupreme Court of North Carolina · 1891
  2. Griffin v. . NelsonSupreme Court of North Carolina · 1890
  3. Turner v. . TateSupreme Court of North Carolina · 1893

3Cited by4 opinions

  1. Calvert v. Carstarphen.Supreme Court of North Carolina · 1903
  2. Stainback v. . HarrisSupreme Court of North Carolina · 1896
  3. Wiley v. Bessemer City Mining Co.Supreme Court of North Carolina · 1895
  4. Wiley v. . Mining Co.Supreme Court of North Carolina · 1895

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