Warden v. . McKinnon
Supreme Court of North Carolina
Appeal — Amendment—Res Adjudicada. This was a special proceeding in the nature of a Creditor’s Bill, brought before the Clerk and heard upon appeal by Connor, J, at July Term, 1887, of the Superior Court of CUMBERLAND County.
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Appeal — Amendment—Res Adjudicada. This was a special proceeding in the nature of a Creditor’s Bill, brought before the Clerk and heard upon appeal by Connor, J, at July Term, 1887, of the Superior Court of CUMBERLAND County. The cause was before this Court at February Term, 1886, (94 N. C., 378). Upon filing the certified opinion of the Supreme Court at Fall Term, 1886, of the Superior Court of Cumberland, Judge Gilmer made the following order: “ This cause coming on to be heard on the record, judgment, orders and decrees heretofore made, and the opinion of the Supreme Court duly…
1Opinion of the Court
Davis, J.,
(after stating the case). 1. The first exception that appears in the record was to the refusal of Gilmer, J., to allow the defendants to file an additional answer when the order was made directing the Clerk to proceed with the cause.
This was a matter of discretion and not the subject of review in this Court. Reese v. Jones, 84 N. C., 597, citing Boddie v. Woodard, 83 N. C., 2, in which the defendant had sought to protect himself from liability, after the time for answer had elapsed, by a plea of the statute of limitations, and this Court held that it was a matter within the…
2Cases cited4 opinions
- Syme v. . BadgerSupreme Court of North Carolina · 1887
- Holley v. . HolleySupreme Court of North Carolina · 1887
- Boddie v. . WoodardSupreme Court of North Carolina · 1880
- John S. Reese & Co. v. JonesSupreme Court of North Carolina · 1881
3Cited by2 opinions
- Moore v. . GarnerSupreme Court of North Carolina · 1891
- Scott v. . HarrisonSupreme Court of North Carolina · 1940