Wall v. Fairley

Decided January 15, 1874

Supreme Court of North Carolina · decided 1874-01-15

MotioN, by plaintiff's, to amend the- pleadings, heard at Spring Term, 1873, before his Honor, Buxton, J-, of the Supe-perior Court of RichmoND county. The amendment asked, consisted in substituting an amended complaint in lieu of the original, which the counsel represented to his Honor had been filed under a misapprehension of the facts of the ease; the true state of which had come to light since the original was filed.

Decided 1874-01-15

Reade, J.

¶1The power of the Court below to allow the amendment, is the only question. And about that there is no doubt. The case of Robinson v. Willoughby, 67 N. C. Rep. 84, is decidedly in point in favor, of the power.

¶2There is no error. This will be certified.

¶3Pek Cubiam. Order affirmed.