Opinion

Owens v. Voncannon

  • 252 N.C. 461
  • 114 S.E.2d 95
  • 1960 N.C. LEXIS 597
Court
Supreme Court of North Carolina
Filed
Apr 27, 1960
Status
Published
Author
Cubiam
On the bench
Cubiam
Cited by
1 cases
Authority
More cited than 49.4%

co-defendant who consistently denied the authority of an attorney to act as her attorney “for any purpose” could not rely on answer filed by that attorney “purportedly in behalf of all defendants”

How later courts described this case

  • co-defendant who consistently denied the authority of an attorney to act as her attorney “for any purpose” could not rely on answer filed by that attorney “purportedly in behalf of all defendants”

Written by the judges who cited it.

The opinion

Per Cubiam.

The court’s finding to the effect that appellant did not directly or indirectly authorize Sam W. Miller, Esq., to file in her behalf the answer of June 24, 1957, is amply supported by the statement in appellant’s verified motion of May 19, 1959, quoted above, and by appellant’s testimony at the hearing before Judge Crissman. Nothing in the record indicates that appellant has a meritorious defense. The failure of appellant to show that she has a meritorious defense was properly considered by the court in determining whether, in the exercise of its discretion, appellant should be permitted to file belatedly the answer tendered in her behalf on March 10, 1959.

Appellant, having consistently denied the authority of Sam W. Miller, Esq., to act as her attorney for any purpose, cannot now rely on an answer filed by him, purportedly in behalf of all defendants, on June 24, 1957.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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