Dudley v. Dudley
| Decision Date | 08 April 1959 |
| Docket Number | No. 379,379 |
| Citation | 250 N.C. 95,107 S.E.2d 918 |
| Court | North Carolina Supreme Court |
| Parties | Charlie DUDLEY, by his Next Friend, Calvin Dudley, v. Robert DUDLEY and his wife, Vera Mae Dudley. |
Clyde C. Randolph, Jr., Robert M. Bryant, Winston-Salem, for plaintiff, appellant.
J. F. Motsinger, Winston-Salem, for defendants, appellees.
G.S. § 1-131 provides: Burrell v. Dickson Transfer Co., 244 N.C. 662, 94 S.E.2d 829; Mills v. Richardson, 240 N.C. 187, 81 S.E.2d 409; Teague v. Siler City Oil Co., 232 N.C. 469, 61 S.E.2d 345, 346.
The statute and the decisions authorized dismissal of the action if leave to amend is not obtained. Judge Gambill merely dismissed the amended complaint, thus leaving the cause upon the docket without a pleading. Teague v. Siler City Oil Co., supra.
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3 cases
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Hendrix v. Alsop
...fixed by G.S. 1--131, with which the challenged order conformed. The plaintiffs had authority to amend within 30 days. Dudley v. Dudley, 250 N.C. 95, 107 S.E.2d 918; Teague v. Siler City Oil Co., 232 N.C. 469, 61 S.E.2d 345. Judge Hubbard's order of April 19, 1963, neither added to nor took......
- State v. Hart, 361
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Strickland v. Jackson, 106
...fixed by G.S. § 1-131, with which the challenged order conformed. The plaintiffs had authority to amend within 30 days. Dudley v. Dudley, 250 N.C. 95, 107 S.E.2d 918; Teague v. Siber Oil Co., 232 N.C. 469, 61 S.E.2d 345. Judge Hubbard's order of April 19, 1963, neither added to nor took fro......