Smith v. . Smith
Supreme Court of North Carolina
Civil action for an injunction to enjoin the sale of land under mortgage and for an account tried before Mclver, J., at November Term, 1891, of Cumberland Superior Court. Appeal by plaintiff. STATEMENT OF THE CASE. The plea of the Statute of Limitations was set up by the defendant in this action, and the Court adjudged that the plaintiff’s action was barred, and the plaintiff appealed.
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Civil action for an injunction to enjoin the sale of land under mortgage and for an account tried before Mclver, J., at November Term, 1891, of Cumberland Superior Court. Appeal by plaintiff. STATEMENT OF THE CASE. The plea of the Statute of Limitations was set up by the defendant in this action, and the Court adjudged that the plaintiff’s action was barred, and the plaintiff appealed. The summons was issued on February 8, 1896. The plaintiff alleged in the complaint that on April 8, 1884, he executed to defendant a promissory note for $150, payable December 1, 1884, with interest, the…
1Opinion of the Court
Montgomery, J.:
At the term of the Court to which the referee made his report the defendant was allowed to file, as an amendment to his answer, the plea of the statute of limitations. The rule seems to be well settled by the decisions of this Court that amendments to pleadings are left to the discretion of the presiding Judge. In Gilchrist v. Kitchin, 86 N. C., 20, on that point, the Court said: “But independent of The Code, we hold that the right to amend the' pleadings of a cause and allow answers and other pleadings to be filed at any time is an inherent power of the Sujjerior Courts which…
2Cases cited5 opinions
- Gilchrist v. . KitchenSupreme Court of North Carolina · 1882
- Barcroft & Co. v. Roberts & Co.Supreme Court of North Carolina · 1884
- Knott v. . TaylorSupreme Court of North Carolina · 1887
- Brooks v. . BrooksSupreme Court of North Carolina · 1884
- McEwen v. . LoucheimSupreme Court of North Carolina · 1894
3Cited by8 opinions
- Hughes v. OliverSupreme Court of North Carolina · 1948
- Balk v. Harris.Supreme Court of North Carolina · 1902
- Ramsey v. Browder.Supreme Court of North Carolina · 1904
- Hardin v. . GreeneSupreme Court of North Carolina · 1913
- Davis v. . DavisSupreme Court of North Carolina · 1922
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