Wheeler v. Wheeler

Unquestionably the trial judge may permit a litigant to amend bis pleadings either before or after verdict and judgment so that they will conform to the evidence offered, provided the amendment does not change substantially the claim or defense. G.S. 1-163; Bank v. Sturgill, 223 N.C. 825, 28 S.E. 2d 511; Perkins v. Langdon, 233 N.C. 240, 63 S.E. 2d 565; McDaniel v. Leggett, 224 N.C. 806, 32 S.E. 2d 602; Waters v. Waters, 125 N.C. 590; Hicks v. Nivens, 210 N.C. 44, 185 S.E. 469.

Independent of the statute, the right to permit amendments to the pleadings is an inherent discretionary power of the…