Reynolds v. . Smathers
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1882, of Mecklen-bueg Superior Court, before Gudger, J. S. C. Burchard, one of the plaintiffs, pursuant to the summons issued against the defendants, filed his complaint and alleged an assignment to him by the partnership firm of Smathers & Forbis of a claim held by them against the •defendants, for goods sold and delivered, in the sum of §253.30, (the particulars being set out in an exhibit) and payable at sixty days from November 8, 1878,…
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Civil ActioN tried at Spring Term, 1882, of Mecklen-bueg Superior Court, before Gudger, J. S. C. Burchard, one of the plaintiffs, pursuant to the summons issued against the defendants, filed his complaint and alleged an assignment to him by the partnership firm of Smathers & Forbis of a claim held by them against the •defendants, for goods sold and delivered, in the sum of §253.30, (the particulars being set out in an exhibit) and payable at sixty days from November 8, 1878, no part of which has been paid. The defendant, J. C. Smathers, answering for himself and co defendants, denies the…
1Opinion of the CourtSmith, C. J.
There were some exceptions taken during the progress of the trial which were not pressed or relied on in the argument, and we advert to them only to say, that we regard them as untenable. We will consider the others.'
1. The amendment authorized by the court, in our opinion, included a chavge of plaintiffs, and within the competency of the court to permit-. An amendment in changing plaintiffs has been repeatedly allowed. In Bullard v. Johnston, 65 N. C., 436, and State v. Cauble, 70 N. C., 62, such substitution was made in the superior court upon an appeal from a judgment of a justice of the…
2Cases cited5 opinions
- Gilchrist v. . KitchenSupreme Court of North Carolina · 1882
- March v. . VerbleSupreme Court of North Carolina · 1878
- Bullard v. . JohnsonSupreme Court of North Carolina · 1871
- Cheatham v. . CrewsSupreme Court of North Carolina · 1879
- State v. . CaubleSupreme Court of North Carolina · 1874
3Cited by15 opinions
- Plemmons v. Southern Improvement Co.Supreme Court of North Carolina · 1891
- A. D. Puffer & Sons Manufacturing Co. v. LucasSupreme Court of North Carolina · 1893
- Clevenger v. . GroverSupreme Court of North Carolina · 1937
- State Ex Rel. Maggett v. RobertsSupreme Court of North Carolina · 1891
- State ex rel. Brown v. MitchellSupreme Court of North Carolina · 1889
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