Sinclair v. Western North Carolina Railroad
Supreme Court of North Carolina
This was a MOTION to amend pleadings,- heard before-Graves, J., at the Spring Term, 1892, of McDowell Superior Court. Defendant objected to Court allowing amendment and. appealed.
1Opinion of the Court
Clark, J.:
It appears that both complaint and answer had been withdrawn at previous terms and amended complaint and answer filed without exception. Those matters- .are therefore not before us. Upon such amended complaint and answer (as the pleadings had stood since 1888), this was .an action by two tenants in common praying the appointment of commissioners to assess and value the lands required ■by the defendant for the right-of-way. At Spring Term, 1892, one of the plaintiffs entered, without exception, a retraxit which specified that it was in no way to affect the rights of the other…
2Cases cited3 opinions
- Clement v. . FosterSupreme Court of North Carolina · 1888
- Welch v. . KinslandSupreme Court of North Carolina · 1885
- Sneeden v. . HarrisSupreme Court of North Carolina · 1890
3Cited by3 opinions
- Faison v. . WilliamsSupreme Court of North Carolina · 1897
- Commissioners of Surry County v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1919
- Mullen v. Norfolk & North Carolina Canal Co.Supreme Court of North Carolina · 1893