Walston v. . Bryan
Supreme Court of North Carolina
Civil action, before Jones, J., at Chambers, for Edge-combe, March 16, 1869. The complaint stated that the plaintiff was assignee of one Griffin, of a crop of cotton, (26 bales,) raised by the latter, upon land leased to him by John L. Bridgers as executor of one Powell; that Griffin was to have paid Bridgers one-fourth of the crop for rent, but claimed that as Bridgers owed him a debt, contracted by a partnership of which Bridgers had been a member, which was greater than…
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Civil action, before Jones, J., at Chambers, for Edge-combe, March 16, 1869. The complaint stated that the plaintiff was assignee of one Griffin, of a crop of cotton, (26 bales,) raised by the latter, upon land leased to him by John L. Bridgers as executor of one Powell; that Griffin was to have paid Bridgers one-fourth of the crop for rent, but claimed that as Bridgers owed him a debt, contracted by a partnership of which Bridgers had been a member, which was greater than the value of the rent, therefore he would retain the rent due to 7mn as executor; and that the defendant, as sheriff, had…
1Opinion of the CourtEodmaN, J.
Eor the reasons given in Thomas v. Womack, ante 657, we think the Judge had the power to allow all amendments of the process and pleadings which were necessary to bring the case before him for decision on its merits.
Without injustice to the Judge, we may assume that he would have allowed all such amendments if he had thought it within his power to do so. This Court has frequently recommended to the Judges a liberal allowance of amendments in the process and pleadings, when the object is to' present a case fairly, on its merits. It is the object of all systems of procedure and pleading, that…
2Cited by4 opinions
- Harrison v. . RicksSupreme Court of North Carolina · 1874
- Nassaney v. . CullerSupreme Court of North Carolina · 1944
- Kesler v. . CornelisonSupreme Court of North Carolina · 1887
- Neal v. . BellamySupreme Court of North Carolina · 1875