Ely v. . Early
Supreme Court of North Carolina
Civil ACTION, tried before Shepherd, Judge, and a jury, at Spring Term, 1883, of the Superior Court of Hertford county. This action was brought to recover the possession of two adjoining tracts of land. At the appearance term of the Court, the plaintiff filed the ordinary complaint in such cases, describing the land, alleging title in himself to the same, the wrongful possession thereof by the defendants, &c.
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Civil ACTION, tried before Shepherd, Judge, and a jury, at Spring Term, 1883, of the Superior Court of Hertford county. This action was brought to recover the possession of two adjoining tracts of land. At the appearance term of the Court, the plaintiff filed the ordinary complaint in such cases, describing the land, alleging title in himself to the same, the wrongful possession thereof by the defendants, &c. The appellant defendants, in their answer, denied every material allegation in the complaint. At a subsequent term, the plaintiff moved for leave to amend the complaint, which was…
1Opinion of the CourtMeueiMON, J.
(after stating the facts). It is very true that the Court cannot, without the consent of the parties, so amend, change or modify the pleadings in a pending action as to make it substantially a new one. Merrill v. Merrill, 92 N. C., 657; McNair v. Commissioners, 93 N. C., 364. But its general powers, and especially those expressly conferred by The Code, §§272, 273, to allow amendments of the pleadings “in furtherance of justice,” are broad and comprehensive, and in all proper cases should be exercised freely by the Court, having due regard to fairness and the rights of the parties.
That it was…
2Cases cited12 opinions
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1869
- Condry v. . CheshireSupreme Court of North Carolina · 1883
- Merrill v. . MerrillSupreme Court of North Carolina · 1885
- Murray, Ferris & Co. v. BlackledgeSupreme Court of North Carolina · 1874
- Farmer v. . DanielSupreme Court of North Carolina · 1880
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3Cited by70 opinions
- Erickson v. StarlingSupreme Court of North Carolina · 1952
- Harding v. . LongSupreme Court of North Carolina · 1889
- Lefkowitz v. . SilverSupreme Court of North Carolina · 1921
- Bennett v. North Carolina RailroadSupreme Court of North Carolina · 1911
- Finishing & Warehouse Co. v. OzmentSupreme Court of North Carolina · 1903
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