Austin v. . Clarke
Supreme Court of North Carolina
Civil actjoN, motion to file an amended answer, tried by Moore, J., at the Fall Term, 1873, of the Superior Court of EdgecoMbe County. The plaintiff', Treasurer of Edgecembe County sued the defendant, the former Chairman of the Court of Pleas and. Quarter Sessions of that county, for the balance of a fund in his hands, belonging to the county. Defendant answers the complaint, and the plaintiff demurred to the answer.
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Civil actjoN, motion to file an amended answer, tried by Moore, J., at the Fall Term, 1873, of the Superior Court of EdgecoMbe County. The plaintiff', Treasurer of Edgecembe County sued the defendant, the former Chairman of the Court of Pleas and. Quarter Sessions of that county, for the balance of a fund in his hands, belonging to the county. Defendant answers the complaint, and the plaintiff demurred to the answer. Ilis .Honor sustained the demurrer, whereupon the plaintiff moves for judgment, and defendant moves for time to file amended answer. The plaintiff’s motion is refused and time…
1Opinion of the Court
ByNüM, J.
The C. C. P. invests the Court with ample powers, in all questions of practice and procedure, both as to amendments and continuances, to be exercised at the discretion of the J udge presiding, who is presumed’, best, to know what orders and what indulgence will promote the ends of justice, in each particular case- With the exercise of this discretion, we cannot interfere, and it is not the subject of appeal. C. C. P., sec. 133.
There is no error.
Pee Cueiam. Judgment affirmed.
2Cited by17 opinions
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- Griffin v. Asheville Light Co.Supreme Court of North Carolina · 1892
- Henry v. . CannonSupreme Court of North Carolina · 1882
- United American Free-Will Baptist Church v. United American Free-Will Baptist ChurchSupreme Court of North Carolina · 1912
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