Calloway v. Ford Motor Co.

HEDRICK, Judge.

When this case was called for argument in this Court, the defendant Matthews moved that its appeal be treated as a petition for certiorari to review the order of Judge Ervin. The petition for certiorari as a substitute for an appeal is allowed.

The question presented is whether Judge Ervin on 12 November 1970 was precluded as a matter of law from allowing the motion of the defendant Matthews to amend its answer by pleading the statute of limitations. The answer lies in a consideration of Judge Hasty’s denial of the same motion on 4 May 1970.

The complaint in this action was filed…