Anderson v. Atkinson

The defendants’ exceptions and assignments of error challenge the authority of the court below to allow an amendment to a complaint in an action in which the court has no jurisdiction of the subject matter of the original action. The exceptions are well taken and will be sustained.

In the former opinion (reported in 234 N.C. 271, 66 S.E. 2d 886), Ervin, J., speaking for the Court, said: “The complaint discloses upon its face that the court has no jurisdiction of the subject matter of the action; for under the law of North Carolina the issue of whether an unprobated script is, or is not, a…