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70 N.C. 458

Austin v. . Clarke

Supreme Court of North Carolina

Decided January 5, 1874

Supreme Court of North Carolina · decided 1874-01-05

Civil actjoN, motion to file an amended answer, tried by Moore, J., at the Fall Term, 1873, of the Superior Court of EdgecoMbe County. The plaintiff', Treasurer of Edgecembe County sued the defendant, the former Chairman of the Court of Pleas and. Quarter Sessions of that county, for the balance of a fund in his hands, belonging to the county. Defendant answers the complaint, and the plaintiff demurred to the answer.

Good law ✅— No negative treatment on recordhow we know

Decided 1874-01-05

How this case has been cited

Cited by 5 later decisions — most recently May 1988

5 state decisions

10187418801890190019101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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ByNüM, J.

¶1 The C. C. P. invests the Court with ample powers, in all questions of practice and procedure, both as to amendments and continuances, to be exercised at the discretion of the J udge presiding, who is presumed’, best, to know what orders and what indulgence will promote the ends of justice, in each particular case- With the exercise of this discretion, we cannot interfere, and it is not the subject of appeal. C. C. P., sec. 133.

¶2 There is no error.

¶3 Pee Cueiam. Judgment affirmed.

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