Carleton v. . Byers
Supreme Court of North Carolina
PbtitioN to make real estate assets, heard before Mitchell, J., at Spring Term, 1874, of Ibedicll Superior Court. When the case was called in the Court below, the plaintiff moved to be allowed to amend his complaint, the amendment consisting of the insertion of an allegation of the bankruptcy and insolvency of the sureties to the bond of the former executor, and of the former executor himself, charged upon information and belief.
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PbtitioN to make real estate assets, heard before Mitchell, J., at Spring Term, 1874, of Ibedicll Superior Court. When the case was called in the Court below, the plaintiff moved to be allowed to amend his complaint, the amendment consisting of the insertion of an allegation of the bankruptcy and insolvency of the sureties to the bond of the former executor, and of the former executor himself, charged upon information and belief. Before this motion was considered, the defendant moved to dismiss the action. His Honor refused the defendant’s motion to dismiss and allowed the plaintiff to amend.…
1Opinion of the Court
RodmáN, J.
Two questions only are presented by the case.
1. The power of the Judge to allow the amendment of his bill moved for by the plaintiff.
We know of no reason why the Judge had not the power. The case does not come within any of the exceptions recognized in Philipse v. Higdon, Busb. 380.
It is not now a question whether with the amendment the plaintiff could maintain his bill.
The Judge having the power the exercise of it in allowing the amendment was a matter of discretion not susceptible of review in this Court. It does not come within the description of determinations from which an…
2Cited by7 opinions
- Veazey v. City of DurhamSupreme Court of North Carolina · 1950
- Guilford v. . Georgia Co.Supreme Court of North Carolina · 1891
- State v. Dewey.Supreme Court of North Carolina · 1905
- Elliott v. Swartz Industries, Inc.Supreme Court of North Carolina · 1950
- Brown v. . KingSupreme Court of North Carolina · 1890
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