Early v. Eley

The defendants contend they were entitled to have the action dismissed as a matter of right for failure on the part of the plaintiff to file his complaint in due time. The contention cannot be sustained. G.S. 1-152 authorizes the judge, in his discretion, to enlarge time for pleading. Alexander v. Brown, 236 N.C. 212, 72 S.E. 2d 522; Aldridge v. Ins. Co., 194 N.C. 683, 140 S.E. 706. The exercise of the court’s discretion is not subject to review. Smith v. Ins. Co., 208 N.C. 99, 179 S.E. 457; Brown v. Hillsboro, 185 N.C. 368, 117 S.E. 41.

At the close of the plaintiff’s evidence the court…