Goodwin v. Works
| Decision Date | 02 November 1897 |
| Citation | 28 S.E. 192,121 N.C. 91 |
| Court | North Carolina Supreme Court |
| Parties | GOODWIN v. CARALEIGH FERTILIZER & PHOSPHATE WORKS. |
Amendment of Complaint—Discretion of Court.
1. After an answer has been filed, and the time for answering has expired, there is no right to amend the complaint as of course, under Code, § 272, providing that any pleading may be once amended of course at any time before the period for answering it expires.
2. The amendment of pleadings is within the discretion of the court, and its decision is not reviewable on appeal.
Appeal from superior court Wake county; Robinson, Judge.
Action by the state on the relation of W. H. J. Goodwin against Caraleigh Fertilizer & Phosphate Works. Judgment for defendant Plaintiff appeals. Afllrmed.
J. C. L. Harris, Douglass & Holding, and B. M. Gatling, for appellant.
Spier Whita ker and E. C. Smith, for appellee.
The plaintiff sued for a penalty of $200 before a justice of the peace, and the defendant denied the allegations of the complaint, and pleaded the statute of limitations. On appeal in the superior court the plaintiff asked leave to amend his complaint by inserting a second cause of action, which was refused. He claimed the right as of course, under Code, § 272.1 The motion, coming after the time for answering had expired, and after answer had been filed, was too late, as a matter of course. The privilege of amending pleadings is at the discretion of uie court, and its decision is not reviewable. Commissioners of Alamance v. Blair, 76 N. C. 136; Kron v. Smith, 96 N. C. 389, 2 S. E. 532; Clark's Code, p. 220.
Affirmed.
1. Code, § 272, provides: "Any pleading may be once amended of course, without costs, and without prejudice to the proceedings already had, at any time before the period for answering it expires; or it can be so amended at any time, unless it be made to appear to the court that it was done for the purpose of delay, and the plaintiff or defendant will thereby lose the benefit of a term for which the cause is, or may be, docketed for trial, " etc
To continue reading
Request your trial
- Thompson v. Davis
-
Thompson v. Davis
... ... Wilmington v. McDonald, 133 N.C. 548, 45 S.E. 864; ... C.S. § 545; Commissioners of Alamance v. Blair, 76 ... N.C. 136; Goodwin v. Carleigh Phosphate & Fertilizer ... Works, 121 N.C. 91, 28 S.E. 192; McIntosh, Practice and ... Procedure, pp. 512 and 513, and cited cases ... ...
- Barton v. Grist
-
State Ex Rel. Goodwin v. Works
...appeals. Appeal dismissed. Edward C. Smith, for appellant. Douglass & Sims, for appellee. CLARK, J. It was held in this case (121 N. C. 91, 28 S. E. 192) that the allowance or refusal of a motion to amend pleadings is a matter within the discretion of the presiding, judge, and no appeal lie......