Wilson Shober v. . Hutchinson

74 N.C. 432

• Court: Supreme Court of North Carolina
• Decided: January 5, 1876
• Status: Published

Opinion

Eis ARSON, C. J.

The writ of certiorari in the place of an-appeal, is prayed for on the ground that the petitioners ought not to be prejudiced by the delay of their counsel in making up the statement of a case for the Supreme Court. This delay is attributed in the petition to the “ liberal practice among the members of the bar in that district,” &c.

"With all of this we have nothing to do. The C. C. P. specifies tiie time in which the appellant must have a case made up. For a failure to do so, the attorney is liable for damages. This seems to be a fit case in which that right of a client against his lawyef can be enforced, and perhaps an example may serve a good purpose, and hereafter lawyers will not depend upon an indefinite, general understanding “ among counsel,” but will make up the case in the time required by law, unless there be a specific arrangement in regard to it.

Per CuRrAM. Motion refused..