Lloyd v. Swansboro Land & Lumber Co.
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at July Term, 1914, of ONSLOW. Appeal from an order of the court allowing plaintiffs to file amended complaint upon payment of costs.
1Opinion of the CourtBbown, J.
At April Term, 1914, Whedbee, judge, made an order in this cause, allowing the plaintiffs to file amended complaint within thirty days, which order provided that if the plaintiffs fail either to file such amended complaint or to pay the cost as shown within thirty days from the adjournment of this term, then this action shall stand dismissed without further order.
The order could not be self-executing, and the condition is a nullity. The judge could not delegate to any one the power to enter up judgment if the amended complaint was not filed.
Alternative or conditional judgments are void. This…
2Cases cited2 opinions
- Strickland v. CoxSupreme Court of North Carolina · 1889
- United American Free-Will Baptist Church v. United American Free-Will Baptist ChurchSupreme Court of North Carolina · 1912
3Cited by9 opinions
- Myers v. . BarnhardtSupreme Court of North Carolina · 1932
- Church v. . ChurchSupreme Court of North Carolina · 1912
- Cassidy v. CheekSupreme Court of North Carolina · 1983
- Hagedorn v. . HagedornSupreme Court of North Carolina · 1936
- Flinchum v. DoughtonSupreme Court of North Carolina · 1931
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