Smith v. . Miller

Clark, O. J.

This is a petition for certiorari by C. H. Miller. The facts have been fully stated in an opinion just filed by Mr. Justice Holee denying Miller’s motion to consider bis exceptions without the necessity of an appeal. He now asks for a certiorari to bring up bis appeal, alleging that be failed to appeal from the final j'udgment rendered at the December Term below on account of the error of bis counsel.

The Court has often held that this would not be ground for a certiorari except possibly under very exceptional circumstances. Barber v. Justice, 138 N. C., 21; Cozart v. Assurance…