Kron v. . Smith
Supreme Court of North Carolina
MotioN to amend, by making new parties, heard before Avery, Judge, at Spring Term, 1886, of Union Superior Court. The present appeal is from another interlocutory order, for amending the pleadings by introducing one Dr. ICron as an associate plaintiff in the action, the record and the facts being the same, except in matters directly pertinent to the appeal, as in the appeal from the refusal of the Court to adjudge him and others in contempt.
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MotioN to amend, by making new parties, heard before Avery, Judge, at Spring Term, 1886, of Union Superior Court. The present appeal is from another interlocutory order, for amending the pleadings by introducing one Dr. ICron as an associate plaintiff in the action, the record and the facts being the same, except in matters directly pertinent to the appeal, as in the appeal from the refusal of the Court to adjudge him and others in contempt. The amendment became necessary because there was an outstanding term, of which two months were unexpired when the suit was begun, in the added plaintiff,…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). Upon a reference to the pleadings it will be seen that the controversy arises out of conflicting claims of title to the land, the defendant Melissa, (the defendant Dennis being in possession as her tenant of a part of the premises,) claiming for herself and other tenants in common, asserting in them a superior and paramount title to that of the plaintiffs, and hence the subject matter in controversy remains unchanged by the amendment allowed. It falls strictly within the provision of The Code, §273, which declares that the Judge or Court may, before and…
2Cases cited6 opinions
- Henderson v. . GrahamSupreme Court of North Carolina · 1881
- March v. . VerbleSupreme Court of North Carolina · 1878
- Reynolds v. . SmathersSupreme Court of North Carolina · 1882
- Grant v. . BurgwynSupreme Court of North Carolina · 1883
- Gill v. . YoungSupreme Court of North Carolina · 1883
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3Cited by6 opinions
- Mizzell v. . RuffinSupreme Court of North Carolina · 1896
- Lefler v. C. W. Lane & Co.Supreme Court of North Carolina · 1915
- King v. . DudleySupreme Court of North Carolina · 1893
- Norfolk & Southern Railroad v. DillSupreme Court of North Carolina · 1916
- Goodwin v. Caraleigh Phosphate & Fertilizer WorksSupreme Court of North Carolina · 1897
1 more not listed; retrieve them via the Exa API.