Penniman v. . Daniel
Supreme Court of North Carolina
Amendment — Attachment—Discontinuance—Service of Process — Duty of the Clerk. - Motion to dismiss an action, heard by Shipp, Judge, at Pall Term, 1885, of the Superior Court of Catawba County. This action was commenced on the 14th day of March, 1883, upon a warrant of attachment sued out at that time from the Superior Court of Catawba county, and a summons returnable to Fall Term, 1883, was issued on the same day, against the estate of the defendant.
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Amendment — Attachment—Discontinuance—Service of Process — Duty of the Clerk. - Motion to dismiss an action, heard by Shipp, Judge, at Pall Term, 1885, of the Superior Court of Catawba County. This action was commenced on the 14th day of March, 1883, upon a warrant of attachment sued out at that time from the Superior Court of Catawba county, and a summons returnable to Fall Term, 1883, was issued on the same day, against the estate of the defendant. On the same day the sheriff executed the warrant by levying on a quantity of tobaccco and other property. On the 23rd day of the same month, the…
1Opinion of the Court
Ashe, J.,
(after stating the facts). It is provided by §273 of The Code that “the judge or court may, before and after judgment in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, by adding or striking out the name of any party, or mistake in any other respect, or by inserting other allegations material to the case, or where the amendment does not change substantially the claim or defence, by conforming the pleadings or proceedings to the facts proved.” This section gives the court the most ample and liberal powers of amendment. The court…
2Cases cited7 opinions
- Etheridge v. . WoodleySupreme Court of North Carolina · 1880
- Price v. . CoxSupreme Court of North Carolina · 1880
- Brown, Daniel & Co. v. HawkinsSupreme Court of North Carolina · 1871
- Penniman v. . DanielSupreme Court of North Carolina · 1884
- The Bank of New Hanover v. . BlossomSupreme Court of North Carolina · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hatch v. Alamance Railway Co.Supreme Court of North Carolina · 1922
- Hatch v. . R. R.Supreme Court of North Carolina · 1922
- McGuire v. Montvale Lumber Co.Supreme Court of North Carolina · 1925
- Sheldon v. . KivettSupreme Court of North Carolina · 1892
- Jenette v. Hovey & Co.Supreme Court of North Carolina · 1921
3 more not listed; retrieve them via the Exa API.