Cody v. Hovey

Since the judge based his refusal to allow the amendment on a want of power under the law his judgment becomes reviewable in this Court. Balk v. Harris, 130 N. C., 381, 41 S. E., 940; Martin v. Bank, 131 N. C., 121, 123, 42 S. E., 558.

If we concede that it was necessary for the defendant to comply with the terms of C. S., 515, as a condition precedent to obtaining leave of court to amend his answer, the successful application of the plaintiff for a continuance of the hearing must be held as a waiver of any defect of notice, which reached him only two days after the expiration of the ten-day…