Dobias v. White

The plaintiffs assign as error the order of the court permitting defendants to file an amendment to their answer after the cause was calendared for trial and without ten days’ notice to them. This exception is without merit. G.S. 1-167, upon which plaintiffs rely, was enacted to meet the specific situations therein recited and to provide a method for obtaining leave to amend a pleading out of term and in the absence of a judge. G-.S. 1-163 vests in tbe judge presiding almost unlimited authority to permit amendments either before or after judgment. The court below acted well within the…