Quiett v. . Boon
Supreme Court of North Carolina
Appeal from an interlocutory order of the Superior Court of Law of Burke County, at the Fall Term, 1844, his Honor Judge Battle presiding. The writ in this case was. returned to the Superior Court of Burke County, at the Spring Term, 1842, and required the defendants to answer the plaintiff as administrator, &c.
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Appeal from an interlocutory order of the Superior Court of Law of Burke County, at the Fall Term, 1844, his Honor Judge Battle presiding. The writ in this case was. returned to the Superior Court of Burke County, at the Spring Term, 1842, and required the defendants to answer the plaintiff as administrator, &c. “ of a plea of Trespass on the case to plaintiff’s damage fifteen hundred dollars.^’ At the Fall Term, 1844, the following record appears: “ The defendants appeared by their attorneys, and by leave of the Court entered the following pleas: General issue, statute of limitations,…
1Opinion of the CourtNash, J.
The writ in this cause was originally filled up in case, and returned to Burke Superior Court of Law, at the Spring Term, 1842. The cause was continued until the Fall Term, 1844, when, on motion of the plaintiff by his counsel, he was permitted to amend his writ by changing it from case to debt. The defendant complains of this amendment and appeals to this Court for the purpose of having it set aside.
It is very obvious,from the phraseology of our act of amendment, that the power of a court, where a cause is pending, to make amendments, is a discretionary one. The words are: “ The court, in…
2Cited by3 opinions
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- Davis v. . EvansSupreme Court of North Carolina · 1814
- State v. . LamonSupreme Court of North Carolina · 1824