Brown v. Hale

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 respect to their consistency. In fact, many of them are irreconcilable. Sutherland v. McLean, 199 N.C. 345, 154 S.E. 662. However, the general rule seems to be that…