Jarrett v. . Gibbs
Supreme Court of North Carolina
Appeal from Mtrrimon,J.,at FaHTerm,1890,of McDowell Superior Court. The action was originally begun by Fannie E. Murphy against defendant for recovery of certain cross-ties.
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Appeal from Mtrrimon,J.,at FaHTerm,1890,of McDowell Superior Court. The action was originally begun by Fannie E. Murphy against defendant for recovery of certain cross-ties. At the return term (Fall, 1888), by leave of the Court, and without objection of the defendant, D. F. Jarrett, brother of plaintiff, was made a party plaintiff, and the complaint was filed in their names, alleging that they were the owners of certain cross-ties wrongfully cut and removed from their land by the defendant, and the defendant filed his answer in denial thereof. The cause was continued, by consent, till Pall…
1Opinion of the Court
Claek, J.:
The Code, §273, empowers the Court, before or after judgment, to “amend any pleading, process or proceeding by adding or sinking out the name of any party.” The refusal or granting of such motion is a matter of discretion and not reviewable, unless the refusal is placed, as in this casé, on the wrant of power, and then an appeal lies. Henderson v. Graham, 84 N. C., 496.
Even if the effect of the amendment had been to allow a substitution of one plaintiff for another, it would have been within the competency of the Court. Reynolds v. Smathers, 87 N. C , 24, and cases there cited.…
2Cases cited1 opinion
- Henderson v. . GrahamSupreme Court of North Carolina · 1881
3Cited by6 opinions
- Plemmons v. Southern Improvement Co.Supreme Court of North Carolina · 1891
- Campbell v. Washington Light & Power Co.Supreme Court of North Carolina · 1914
- Sheldon v. . KivettSupreme Court of North Carolina · 1892
- McLaughlin v. . R. R.Supreme Court of North Carolina · 1917
- Simmons v. . JonesSupreme Court of North Carolina · 1896
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