Norwood, Guard'n v. . Harris
Supreme Court of North Carolina
Civil action, brought to recover the amount of a bond, tried before Tourgee, J., at Spring Term, 1873, of Person Superior Court. Plaintiff alleges that in August, 1857, the defendants borrowed from him $1,500, which belonged to his wards, for which they gave their bond with compound interest, and which has never been paid, &c.
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Civil action, brought to recover the amount of a bond, tried before Tourgee, J., at Spring Term, 1873, of Person Superior Court. Plaintiff alleges that in August, 1857, the defendants borrowed from him $1,500, which belonged to his wards, for which they gave their bond with compound interest, and which has never been paid, &c. Defendants filed the following demurrer: * * * “That it appears upon the face of the complaint that the ward of the plaintiff is the real party in interest, • -and this action can only be maintained in the name of said ward,” which was overruled as frivolous. Plaintiff…
1Opinion of the CourtPearson, C. J.
His Honor adjudged that the demurrer be omitted, and held it to be frivolous; but pending a motion for final judgment, he entertained a motion to amend by striking out the demurrer and allowing the defendant to answer. This latter motion was heard upon affidavits, and. K his Honor being satisfied that the demurrer was interposed in good faith, and that the defendant had a valid, prima fide defense, allowed the motion.”
In this his Honor did not exceed his powers. He surely had a right during the time to change an opinion expressed on the first impression, and to act upon a more deliberate…
2Cited by2 opinions
- Hutchinson v. . SmithSupreme Court of North Carolina · 1873
- McNeil v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1909