Thomas v. . Womack
Supreme Court of North Carolina
Motiok to amend a summons, made before Tourgee, J.r at Spring Term 1870 of Chatham Court. The summons had been issued in July 1869, returnable. before the Cleric, and the complaint, and answer, in chief, had been filed before him. The cause was then transferred by him to the next term, with the names of 'the attorneys for the parties marked on the docket.
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Motiok to amend a summons, made before Tourgee, J.r at Spring Term 1870 of Chatham Court. The summons had been issued in July 1869, returnable. before the Cleric, and the complaint, and answer, in chief, had been filed before him. The cause was then transferred by him to the next term, with the names of 'the attorneys for the parties marked on the docket. At Spring Term 1870, upon motion by the plaintiff, his Honor allowed the summons to be amended, by making it (in accordance with the Act of 1868-’69, c. 76,) retwrndPle to the term. The defendant appealed.
1Opinion of the CourtBodmaN, J.
Section 132, C. C. P., by its language taken generally, confers on the Court the power to make the amendment allowed in this case. But it is contended by the defendant, that however general may be the words of a statute, they will never be construed to have, an effect In in violation of manifest principles of justice. This we admit. The defendant further contends that such would be the effect of this amendment, as it would bring a party into Court without notice: This we do not admit. The defendant had notice to appear before the Clerk, and did appear and plead in bar of the action. It is…
2Cited by5 opinions
- Ewbank v. Turner.Supreme Court of North Carolina · 1903
- Redmond v. . MullenaxSupreme Court of North Carolina · 1893
- Cheatham v. . CrewsSupreme Court of North Carolina · 1879
- Kivett v. . WynneSupreme Court of North Carolina · 1883
- Peoples National Bank v. McArthurSupreme Court of North Carolina · 1880