Legal Opinion

Gilliam Furniture, Inc. v. Bentwood, Inc.

Supreme Court of North Carolina

Decided April 20, 1966No. 452PublishedCited by 2 opinions

1Opinion of the CourtPless, J.

G.S. 1-163 provides “the judge or court may, before and after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading ... by inserting other allegations material to the case.” Many annotations under this statute show that even without the statute the Superior Court possesses an inherent discretionary power to amend pleadings at any time and that amendments should be liberally allowed. It is said in Perkins v. Langdon, 233 N.C. 240, 63 S.E. 2d 665:

“* * * (T)he powers of amendment conferred by this statute * * * are by its very terms left to be exercised in…

2Cases cited5 opinions

  1. Perkins v. LangdonSupreme Court of North Carolina · 1951
  2. Mica Industries, Inc. v. PenlandSupreme Court of North Carolina · 1959
  3. Phillips v. Hassett Mining Co.Supreme Court of North Carolina · 1956
  4. Bassinov v. FinkleSupreme Court of North Carolina · 1964
  5. Scott v. . BryanSupreme Court of North Carolina · 1887

3Cited by2 opinions

  1. Davis v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1967
  2. Ballance v. DunnCourt of Appeals of North Carolina · 1989

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