Legal Opinion

West v. Railroad

Supreme Court of North Carolina

Decided March 27, 1906PublishedCited by 40 opinions

ActioN by W. A. West against Aberdeen & Rock Eisb Railroad Co., beard by Judge Fred Moore and a jury, at the November Term, 1905, of the Superior Court of Oum:bee-land. From the judgment rendered, defendant appealed.

1Opinion of the CourtClark, C. J.

This is an action brought by the husband alone for damages sustained from fire by the woods on land which had been conveyed to the husband and wife, and which they held consequently by entireties. The plaintiff moved to amend in this court by making his wife a party. The Revisal, section 1545 and rule 26 of this court, recognize that such power can be exercised in this court “to amend by making proper parties to any case where the court may deem it necessary and proper,” and indeed this court could amend without the statute. Horton v. Green, 104 N. C., 400; Herndon v. Ins. Co., 111 N. C.,…

2Cases cited10 opinions

  1. Bruce v. . NicholsonSupreme Court of North Carolina · 1891
  2. Irvin v. . ClarkSupreme Court of North Carolina · 1887
  3. Long v. . BarnesSupreme Court of North Carolina · 1882
  4. Herndon v. Imperial Fire InsuranceSupreme Court of North Carolina · 1892
  5. Horton v. . GreenSupreme Court of North Carolina · 1889

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3Cited by40 opinions

  1. Davis v. . BassSupreme Court of North Carolina · 1924
  2. State v. ScottSupreme Court of North Carolina · 1921
  3. State v. . ScottSupreme Court of North Carolina · 1921
  4. Johnson v. . LeavittSupreme Court of North Carolina · 1924
  5. GENERAL AIR CONDITIONING COMPANY v. DouglassSupreme Court of North Carolina · 1954

35 more not listed; retrieve them via the Exa API.

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