Sudderth v. . McCombs
Supreme Court of North Carolina
Motion to amend pleadings, heard before Gannon, Ji, at Spring Term, 1872, of Cherokee Superior Court. This was a special proceeding, commenced' in the Probate Court of Cherokee, by the plaintiff as guardian against the defendants, as administrators oí A. Sudderth, iormer guardian oí A. McD., and Ann Elizabeth llarshaw.
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Motion to amend pleadings, heard before Gannon, Ji, at Spring Term, 1872, of Cherokee Superior Court. This was a special proceeding, commenced' in the Probate Court of Cherokee, by the plaintiff as guardian against the defendants, as administrators oí A. Sudderth, iormer guardian oí A. McD., and Ann Elizabeth llarshaw. The Judge of Probate stated the account, and defendants filed exceptions, which were overruled, and judgment was rendered in favor of tbe plaintiff, and defendants appealed. The cause coming on to bo heard before his Honor, defendants asked leave to add to tbeir answer, by way…
1Opinion of the CourtRodman, J.
No reason has been suggested, or occurs to us, ■why the Judge should have doubted his power to pass on the amendment moved for. lie had the same right to allow amendments, as he would have had if the case had been commenced in his Court. Wg think he ought to have decided on the motion of the defendants, and to have allowed or refuted it. Bo far as the circumstances appear to us, it was in his discretion to allow or refuse it, according as in his opinion the interests of justice required. Amendments which promote justice and a trial on the merits are in general liberally allowed, but in all…
2Cited by6 opinions
- Faison v. . WilliamsSupreme Court of North Carolina · 1897
- State v. . ButtsSupreme Court of North Carolina · 1884
- Cheek v. . WatsonSupreme Court of North Carolina · 1884
- Bryan v. . MoringSupreme Court of North Carolina · 1888
- Metcalf v. McGuinnCourt of Appeals of North Carolina · 1985
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