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Austin v. Clarke

ROB’T. H. AUSTIN, County Treasurer, v. HENRY T. CLARKE

Austin v. Clarke, 70 N.C. 458 (1874)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
January 5, 1874
Judges
ByNuM
Citations
70 N.C. 458
Cited by 14
Headnotes
All questions of practice and procedure as to amendments and continuances arising on atrial in the Court below, are nrthe discretion of the presiding Judge, from whose judgment thereon there is no appeal. C. C. P. sec. 133.
Summary
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. Ilis .Honor sustained the demurrer, whereupon the plaintiff moves for judgment, and defendant moves for time to file amended answer. The plaintiff’s motion is refused and time given to defendant. From this judgment plaintiff appealed.

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

Opinion of the Court — ByNuM

ByNüM, J.

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.

There is no error.

Pee Cueiam. Judgment affirmed.

How later courts describe this case

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

Cited by 14 cases

View all citing references →
1880–1881: 11882–1883: 31886–1887: 21888–1889: 11892–1893: 11898–1899: 11904–1905: 11912–1913: 21924–1925: 11988–1989: 118802026peak 1882 · 3

Relies on it most ⓘ

  1. State v. Dewey.51 S.E. 937 (N.C. 1905)
  2. Lemons v. Old Hickory Council, Boy Scouts of America, Inc.367 S.E.2d 655 (N.C. 1988)
  3. State v. Sauls130 S.E. 848 (N.C. 1925)
  4. Gilchrist v. Kitchen86 N.C. 20 (1882)
  5. Griffin v. Asheville Light Co.16 S.E. 423 (N.C. 1892)
  6. Henry v. Cannon86 N.C. 24 (1882)

Most recent

  1. Lemons v. Old Hickory Council, Boy Scouts of America, Inc.367 S.E.2d 655 (N.C. 1988)
  2. State v. Sauls130 S.E. 848 (N.C. 1925)
  3. Church v. Church74 S.E. 14 (N.C. 1912)
  4. United American Free-Will Baptist Church v. United American Free-Will Baptist Church158 N.C. 564 (1912)
  5. State v. Dewey.51 S.E. 937 (N.C. 1905)
  6. Woodcock v. Merrimon30 S.E. 321 (N.C. 1898)

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 0

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