Dudley Ex Rel. Dudley v. Dudley

G.S. 1-131 provides: “Within thirty days after the return of the judgment upon the demurrer, if there is no appeal, or within thirty days after the receipt of the certificate from the Supreme Count, if there is an appeal, if the demurrer is sustained the plaintiff may move, upon, three days’ notice, for leave to amend the complaint. If this is not granted, judgment shall be entered dismissing the action.” Burrell v. Transfer Co., 244 N.C. 662, 94 S.E. 2d 829; Mills v. Richardson, 240 N.C. 187, 81 S.E. 2d 409; Teague v. Oil Co., 232 N.C. 469, 61 S.E. 2d 345.

The statute and the decisions…