Parker v. . Harden
Supreme Court of North Carolina
Civil action tried before Bryan, J., at November Term, 1897, of Bertie Superior Court. The complaint in the action originally alleged a conversion of money received by Nancy M. Simmons, the testator of the defendant Harden, in her lifetime, and upon the granting of a new trial by the Supreme Court (121 N. C., 57), the plaintiff was allowed by his Honor to amend his complaint by alleging that his intestate, D. L. Simmons, had given to Nancy Simmons a sum of money to be held…
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Civil action tried before Bryan, J., at November Term, 1897, of Bertie Superior Court. The complaint in the action originally alleged a conversion of money received by Nancy M. Simmons, the testator of the defendant Harden, in her lifetime, and upon the granting of a new trial by the Supreme Court (121 N. C., 57), the plaintiff was allowed by his Honor to amend his complaint by alleging that his intestate, D. L. Simmons, had given to Nancy Simmons a sum of money to be held in trust for his estate. From the allowance of the amendment the defendant appealed.
1Opinion of the Court
Clark, J.:
When the case was here before (121 N. C., 51) the Court held that there had been error in refusing the defendant’s prayer for instruction that the action was haired by the Statute of Limitations. When the case went back the Court below permitted the plaintiff to amend his complaint. Tile amendment allowed was such as rested in the discretion of the Court and was not reviewable; but had it been appealable the appeal would be dismissed as premature, since the proper course was to note an exception and appeal from the final judgment. It is true that the error on the former trial was…
2Cases cited2 opinions
- King v. . DudleySupreme Court of North Carolina · 1893
- Hines v. . OutlawSupreme Court of North Carolina · 1897
3Cited by7 opinions
- Lefler v. C. W. Lane & Co.Supreme Court of North Carolina · 1915
- Carolina Hardware Co. v. Raleigh Banking & Trust Co.Supreme Court of North Carolina · 1915
- Hockfield v. Southern Railway Co.Supreme Court of North Carolina · 1909
- State Ex Rel. Goodwin v. Caraleigh Phosphate & Fertilizer WorksSupreme Court of North Carolina · 1898
- Norfolk & Southern Railroad v. DillSupreme Court of North Carolina · 1916
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