United American Free-Will Baptist Church v. United American Free-Will Baptist Church
Supreme Court of North Carolina
Appeal from Ward1, at November Term, 1911, of Leitoir. This action was brought by the Eree-will Baptist Church, Northeast Conference, against the Eree-will Baptist Church, Northwest Conference, for the adjudication of certain rights of property as between them.
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Appeal from Ward1, at November Term, 1911, of Leitoir. This action was brought by the Eree-will Baptist Church, Northeast Conference, against the Eree-will Baptist Church, Northwest Conference, for the adjudication of certain rights of property as between them. When the case was called for trial it was discovered that the pleadings had been lost, and the judge presiding thereupon made an order to the effect that the plaintiff should file a complaint within forty days after the adjournment of court, or suffer a nonsuit, and that defendant should file an answer within a like time after the…
1Opinion of the Court
WalKek, J.,
after stating tbe case: It is provided by Ee-visal, sec. 512, tbat tbe judge may, in bis discretion, and upon sucb terms as may be just, allow an answer or reply to be filed, or other act done, after tbe time limited tberefor, or by an order enlarge sucb time. Tbe judge bas a very broad discretion in sucb matters, and there is every reason why be should have it. No judgment by default bad been entered, and when tbe matter was brought to tbe attention of Judge Ward by tbe motion for judgment be bad tbe clear right, or discretion, to extend tbe time for answering. Pell’s Eevisal,…
2Cases cited5 opinions
- Gilchrist v. . KitchenSupreme Court of North Carolina · 1882
- Austin v. . ClarkeSupreme Court of North Carolina · 1874
- Wilmington v. McDonald.Supreme Court of North Carolina · 1903
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- Cook v. American Exchange BankSupreme Court of North Carolina · 1902
3Cited by12 opinions
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- King v. . RuddSupreme Court of North Carolina · 1946
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