Watson v. Black Mountain Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at April Term, 1913, of Mitchell. Tbis is an action to recover damages for personal injury. Wien tie case was called for trial, tie defendant asked leave to file a plea since last continuance, alleging tlat a guardian lad been appointed for tie plaintiff since tie last term of tie court on tie ground of tie mental incompetency of tie plaintiff.
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Appeal by defendant from Daniels, J., at April Term, 1913, of Mitchell. Tbis is an action to recover damages for personal injury. Wien tie case was called for trial, tie defendant asked leave to file a plea since last continuance, alleging tlat a guardian lad been appointed for tie plaintiff since tie last term of tie court on tie ground of tie mental incompetency of tie plaintiff. Tie motion was allowed; tie guardian, Join A. WAtson, came into cotirt and adopted tie complaint heretofore filed. Tie defendant tlen moved for a continuance on tie ground tlat a new party lad been made at tlis…
1Opinion of the CourtAllen, J.
The guardian was entered upon the record as a party upon the motion of the defendant, and it cannot- well say that it was taken by surprise, nor does it claim that it was not ready for trial, or urge any reason for the continuance except as a matter of legal right upon a new party being made.
If new parties are made or amendments allowed, which change the issues, and a party is not' prepared with his evidence to meet the changed conditions, he is entitled to' a continuance as a matter of right (Dobson v. R. R., 129 N. C., 291), but ordinarily the ruling of the judge upon a motion for…
2Cases cited4 opinions
- Tate v. . MottSupreme Court of North Carolina · 1887
- Arthur v. . HenrySupreme Court of North Carolina · 1911
- Dobson v. Southern Railway Co.Supreme Court of North Carolina · 1901
- Harris v. . Quarry Co.Supreme Court of North Carolina · 1904
3Cited by23 opinions
- Leo Parsons v. Amerada Hess Corporation v. B & M Service Company, Inc., Third PartyCourt of Appeals for the Third Circuit · 1970
- Vertentes v. Barletta Co.Massachusetts Supreme Judicial Court · 1984
- Hagberg v. City of Sioux FallsDistrict Court, D. South Dakota · 1968
- Simmons v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1917
- Montanez v. CassNew Mexico Court of Appeals · 1976
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