Henry v. . Cannon
Supreme Court of North Carolina
Motion to amend an answer, heard at Fail Term, 1881, of Macon Superior Court, before McKoy, J. The original complaint and answer were filed at spring term, 1873. At fall term, 1881, the defendant moved for leave of the court to amend his answer by adding the following plea : “That the claim or pretended claim of the plaintiff, upon which the action was brought, accrued more than three years before the bringing of his suit, and is barred by the statute of limitations.”
Read the full summary
Motion to amend an answer, heard at Fail Term, 1881, of Macon Superior Court, before McKoy, J. The original complaint and answer were filed at spring term, 1873. At fall term, 1881, the defendant moved for leave of the court to amend his answer by adding the following plea : “That the claim or pretended claim of the plaintiff, upon which the action was brought, accrued more than three years before the bringing of his suit, and is barred by the statute of limitations.” It appeared that a similar motion had been made and refused at a former term of the court, and His Honor refused to allow the…
1Opinion of the CourtAshe, J.
We had supposed that questions like that presented in this record for our consideration had been too well settled by repeated adjudications to be the subject of appeal at this day. But as the case has been brought before us, we proceed to cite some of the cases in which the question has been decided, lest by the omission to do so we might be thought .wanting in respect to the member of the profession who took the appeal. In Johnson v. Rowland, 80 N. C., 1, which was an application to the court by the defendant to be allowed to file the plea of set-off or counterclaim at the trial, the court…
2Cases cited4 opinions
- Henderson v. . GrahamSupreme Court of North Carolina · 1881
- Austin v. . ClarkeSupreme Court of North Carolina · 1874
- Hinton v. . DeansSupreme Court of North Carolina · 1876
- Johnson v. . RowlandSupreme Court of North Carolina · 1879
3Cited by12 opinions
- Skagit Railway & Lumber Co. v. ColeWashington Supreme Court · 1891
- State v. . SaulsSupreme Court of North Carolina · 1925
- Sheldon v. . KivettSupreme Court of North Carolina · 1892
- Brooks v. . BrooksSupreme Court of North Carolina · 1884
- Merchants & Farmers National Bank v. McElweeSupreme Court of North Carolina · 1889
7 more not listed; retrieve them via the Exa API.