Legal Opinion

State v. . Vaughan

Supreme Court of North Carolina

Decided October 5, 1884PublishedCited by 16 opinions

Ceiminal Action, tried on appeal, at Fall Term, 1884, of Greene Superior Court, before Avery, 3. The defendant appealed from the judgment rendered against him by the justice.of the peace, to the superior court.

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Ceiminal Action, tried on appeal, at Fall Term, 1884, of Greene Superior Court, before Avery, 3. The defendant appealed from the judgment rendered against him by the justice.of the peace, to the superior court. The warrant upon which the defendant was tried in the court of the justice of the peace, was as follows: To any lawful officer, etc.: Whereas, Taylor Barrow, overseer of the public road from Fort Run to Wayne county line, has complained on oath to me, one of the acting justices of the peace in and for said county, that he appointed the 8th day of August, 1884, to work said road, and…

1Opinion of the CourtAshe, J.

The only questioh presented for our consideration is, did the court have the power to allow the amendment? We think it unquestionably had such power.

The Code, § 908, under the provisions of which the solicitor made his motion to amend, is as follows:

“ No process or other proceeding begun before a justice of the peace, whether in a civil or criminal action, shall be quashed or set aside, for the want of form, if the essential matters are set forth therein ; and the court in which any such action shall be pending, shalt have power to amend any warrant, process, pleading, or proceeding in- such…

2Cited by16 opinions

  1. State v. . GoffSupreme Court of North Carolina · 1934
  2. Alexander v. LindseySupreme Court of North Carolina · 1949
  3. State v. . MillsSupreme Court of North Carolina · 1921
  4. State v. LeeSupreme Court of North Carolina · 1913
  5. Singer Manufacturing Co. v. . BarrettSupreme Court of North Carolina · 1886

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