Armstrong v. Wright.
Supreme Court of North Carolina
From Duplin. Debt on bond. Plea, non est faciurn and issue. After the cause luid been pending sometime and stood for trial, the Defendant moved tiie Court on auidavits to amend by adding the- pleas of infancy and the statute against gaming; which was refused, and a verdict taken, and judgment rendered against him on the pleadings as they then stood.
Read the full summary
From Duplin. Debt on bond. Plea, non est faciurn and issue. After the cause luid been pending sometime and stood for trial, the Defendant moved tiie Court on auidavits to amend by adding the- pleas of infancy and the statute against gaming; which was refused, and a verdict taken, and judgment rendered against him on the pleadings as they then stood. The Defendant appealed to this Court, upon the ground that the Court erred in not allowing the amendment. on the power of the Court below to admit the pleas, and the propriety of it: but as the opinion of the Court did not turn on it, their…
1Opinion of the CourtHbitdersoN, Judge
I think this Court cannot look into the question arising upon the motion to amend, for two reasons: the first is, that it is a question of discretion; and in all cases of discretion, as much is confided to the inferior Court as to the Superior Court. The second reason is, that the very act of vesting a discretionary power proves, that the subject matter depends on such a variety of circumstances, where each shade may make a difference, that it is impos- siblc to prescribe any fixed rules or law's by which the su|)jCCj. can [)C ¡•(.«•ij]ated. And although it be said that a •> o a sound…
2Cited by12 opinions
- Worthington v. BynumSupreme Court of North Carolina · 1982
- Goodman v. . GoodmanSupreme Court of North Carolina · 1931
- State v. . SaulsSupreme Court of North Carolina · 1925
- Investors Title Insurance v. HerzigSupreme Court of North Carolina · 1992
- Goldston v. ChambersSupreme Court of North Carolina · 1967
7 more not listed; retrieve them via the Exa API.