Teasdale v. Jordan

• Decision Date: 30 June 1803
• Citation: 3 N.C. 281
• Court: North Carolina Supreme Court
• Parties: TEASDALE v. JORDAN, ADM'R &c. OF BRANTON.

3 N.C. 281

TEASDALE

v.JORDAN, ADM'R &c. OF BRANTON.

CIRCUIT COURT OF THE U. STATES

RALEIGH, June Term, 1803.

An administrator may be permitted to amend by adding a plea, where judgments have been obtained to the amount of the assets in his hands since he first pleaded.

This cause being called for trial, Woods moved to add a plea, and stated that since the defendant pleaded, judgments had been obtained against him to the amount of the assets in his hands.

And by Marshall, Chief Justice, to which P.otter, Justice, assented; it is in the discretion of the court to permit the addition of a plea at any time before the trial; and the court will admit the plea where the justice of the case requires it. And the plea now offered is such an one as justice requires the admission of. It would be a monstrous proposition that when judgments after plea had taken away all the assets, the executor or administrator should notwithstanding be compelled to answer the debts first pleaded to.

The plea was added.

NOTE.—See Woolford v. Simpson, ante 132, and the cases referred to in the note.