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Brendle v. Reese

J. M. BRENDLE v. A. J. REESE Et Al.

Brendle v. Reese, 20 S.E. 721 (N.C. 1894)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
September 5, 1894
Judges
Clark
Citations
20 S.E. 721115 N.C. 552
Headnotes
Practice — Case on Appeal — Motion to Rem,and — Appeal from an Interlocutory Order —Amendment. 1. Where there is no case on appeal, and the appellant has been in no laches, a motion to remand would be allowed, if a case on appeal were essential. 2. An appeal does not lie from an interlocutory order before final judgment. 3. The granting or refusing an amendment is a matter of discretion, and ' no appeal lies therefrom.
Summary
Motion to remand the cause, on the ground that there is no case on appeal.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Clark

Clark, J.:

The appellant moves to remand the cause because there is no case on appeal, and the Judge (Graves) died before settling the same. This would be true, if it was an appeal in which a case settled is essential, and the appellant has not been guilty of laches. State v. Parks, 107 N. C., 821 . But the present case is an appeal from a refusal of leave to amend the answer. No case on appeal was necessary, as there were no facts dehors the record to be set out. Furthermore, no appeal lay at this stage, as it was an interlocutory order, nor indeed at all, as the granting or refusal of the amendment was a matter of discretion.

Henry v. Cannon, 86 N. C., 24 , and numerous other cases cited in Clark’s Code (2d Ed.), pages 564, 565. Appeal Dismissed..

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1895: 11897: 118952026peak 1895 · 1

Relies on it most ⓘ

  1. Faison v. Williams28 S.E. 188 (N.C. 1897)
  2. Heath v. Lancaster20 S.E. 962 (N.C. 1895)

Most recent

  1. Faison v. Williams28 S.E. 188 (N.C. 1897)
  2. Heath v. Lancaster20 S.E. 962 (N.C. 1895)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Henry v. Cannon, 86 N.C. 24 (1882) 10
State v. Parks, 12 S.E. 572 (N.C. 1890) 8

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