{
  "id": 8630455,
  "name": "R. O. ABERNETHY v. W. W. BURNS et al.",
  "name_abbreviation": "Abernethy v. Burns",
  "decision_date": "1934-04-11",
  "docket_number": "",
  "first_page": "370",
  "last_page": "371",
  "citations": [
    {
      "type": "official",
      "cite": "206 N.C. 370"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "87 Am. Dec., 164",
      "category": "reporters:federal",
      "reporter": "Am. Dec.",
      "opinion_index": 0
    },
    {
      "cite": "29 Cal., 147",
      "category": "reporters:state",
      "reporter": "Cal.",
      "case_ids": [
        2302971
      ],
      "opinion_index": 0,
      "case_paths": [
        "/cal/29/0147-01"
      ]
    }
  ],
  "analysis": {
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    "ocr_confidence": 0.463,
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    "sha256": "2f04b9ec009d2ad3bee009707faadc620c2f14dea56d0f20bf5360aaed7da01b",
    "simhash": "1:478aa84e3e8ca503",
    "word_count": 485
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  "last_updated": "2023-07-14T19:27:02.537957+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "R. O. ABERNETHY v. W. W. BURNS et al."
    ],
    "opinions": [
      {
        "text": "Stacy, C. J.\nIt was clearly within the discretion of the court, for cause shown, to place the case at the end of the trial docket. But it is provided by C. S., 401 that a party may appear \u201ceither in person or by attorney in actions or proceedings in which he is interested.\u201d Thus, the provision requiring plaintiff to employ counsel would seem to be at variance with the statute.\nIt is the general holding that a party has the right to appear in propria persona or by counsel. This right is alternative. A party has no right to appear both by himself and by counsel. Nor should he be permitted ex gratia to do so. Talbot v. Talbot's Reps., 25 Marshall\u2019s Reports (Ky.), 3; Comrs. v. Younger, 29 Cal., 147, 87 Am. Dec., 164, and note; 4 C. J., 1322; 2 R. C. L., 937.\nIn the instant case, the plaintiff prefers \u201cto go it alone.\u201d This is bis right. He may not get to first base, but he is entitled to come to the bat.\nThe order will be modified as indicated, and, as thus modified, it will be affirmed.\nModified and affirmed.",
        "type": "majority",
        "author": "Stacy, C. J."
      }
    ],
    "attorneys": [
      "R. 0. Abernethy i/n propria persona.",
      "No counsel appearing for defendants."
    ],
    "corrections": "",
    "head_matter": "R. O. ABERNETHY v. W. W. BURNS et al.\n(Filed 11 April, 1934.)\n1. Trial A a\u2014\nIt is within the discretion of the court, for cause shown, to place a case at the end of the trial docket, but a provision in the order that the case thus remain until plaintiff, appearing in propria persona, should employ counsel is erroneous.\n2. Attorney and Client A c\u2014\nA party has the alternative right to appear either in propria persona or by counsel. C. S., 401.\nAppeal by plaintiff from W article, J., at November Term, 1933, of Catawba.\nCivil action to recover damages for alleged (1) malicious prosecution, (2) abuse of process, (3) trespass, and (4) wrongful conversion.\nThe answer denies the material allegations of the complaint, sets up estoppel by judgment and the statute of limitations.\nIt appearing that the issues are involved, that plaintiff is accustomed to bringing suits and trying them without the aid of counsel at great loss of time to the court, that he is undertaking to prosecute the present action in propria persona, and that a trial of the cause, under these circumstances, will consume a great deal of unnecessary time, the court ordered the case to be placed at the end of the trial docket, there to \u201cremain as the last case on the trial docket if and until counsel licensed to practice in North Carolina signs his name, or their names as counsel for the plaintiff, which when done, shall be authority to the clerk to take the case from the foot of the trial calendar and place it on the docket for trial at term.\u201d\nPlaintiff appeals, assigning error.\nR. 0. Abernethy i/n propria persona.\nNo counsel appearing for defendants."
  },
  "file_name": "0370-01",
  "first_page_order": 432,
  "last_page_order": 433
}