Bullard v. . Johnson
Supreme Court of North Carolina
This was a civil action tried before Buxton, J., at Spring Term, 1871, of Cumberland Superior Court. The summons was originally in the name of Randal McDaniel, and the complaint alleged the non-payment of two years rent for a set of mills in Fayetteville, leased by plaintiff to defendants, from 1st of November, 1862, to 1st of November, 1864. During tbe progress of the trial the defendants offered in evidence a deed from Eandal McDaniel to W. C. McDaniel, dated August 29th,…
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This was a civil action tried before Buxton, J., at Spring Term, 1871, of Cumberland Superior Court. The summons was originally in the name of Randal McDaniel, and the complaint alleged the non-payment of two years rent for a set of mills in Fayetteville, leased by plaintiff to defendants, from 1st of November, 1862, to 1st of November, 1864. During tbe progress of the trial the defendants offered in evidence a deed from Eandal McDaniel to W. C. McDaniel, dated August 29th, 1863, and registered November 6th, 1863, for the mill property. Upon the deed being read, the counsel for the plaintiff…
1Opinion of the CourtPearson, C. J.
The Court may before or after judgment, amend, by adding or striking out the name of any party, or by conforming the proceedings to the facts proved. C. C. P. sec. 132.
This provision, and numerous others of the C. C. P. show, that its purpose is to prevent actions from being defeated on grounds that do not effect the merits of the controversy, whenever it can be done by amendment. The pervading idea being to settle controversies by one action, and thereby prevent the loss of the labor and money expended in that action, and the necessity for incurring like labor and expense in a second.
Whether…
2Cases cited1 opinion
- Kornegay v. . CollierSupreme Court of North Carolina · 1871
3Cited by20 opinions
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- McKeighan v. HopkinsNebraska Supreme Court · 1886
- Dwiggins v. Parkway Bus Co.Supreme Court of North Carolina · 1949
- Hine v. BlumenthalSupreme Court of North Carolina · 1954
- Cheatham v. . CrewsSupreme Court of North Carolina · 1879
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