Goodwin v. Caraleigh Phosphate & Fertilizer Works
Supreme Court of North Carolina
MotioN by plaintiff in a civil action pending in Waice Superior Court to amend the complaint by inserting a second cause of action, heard before Robinson, J., at September Term, 1897, of said Court. The motion was refused and plaintiff appealed.
1Opinion of the Court
Faircloth, C. J.:
The plaintiff sued for a penalty • of $200, before a Justice of the Peace, and the defendant denied the allegations of the complaint and pleaded the statute of limitations. On appeal in the Superior Court, the plaintiff asked leave to amend his complaint by inserting a second, cause of action, which was refused. He claimed the right,. as of course, under The Code, Sec. 272. The motion, coming after the time for answering had expired and after answer had been filed, was too late, as a matter of course. The privilege of amending pleadings is at the discretion of the court, and…
2Cases cited2 opinions
- Kron v. . SmithSupreme Court of North Carolina · 1887
- Commissioners of Alamance v. . BlairSupreme Court of North Carolina · 1877
3Cited by4 opinions
- Thompson v. . DavisSupreme Court of North Carolina · 1944
- State Ex Rel. Goodwin v. Caraleigh Phosphate & Fertilizer WorksSupreme Court of North Carolina · 1898
- Biggs v. . MoffittSupreme Court of North Carolina · 1940
- Whitaker v. . DunnSupreme Court of North Carolina · 1898