Court of Appeals of North Carolina, 1830

McMahan v. Murphy

McMahan v. Murphy
Court of Appeals of North Carolina · Decided May 15, 1830 · Colcock, Evans, Johnson
17 S.C.L. 535

McMahan v. Murphy

Opinion of the Court

Colcock, J.

delivered the opinion of the Court.

We concur with the presiding Judge in the result of his legal views of this case ; but express no opinion as to the third ground of demurrer, which was sustained by him. It was in his discretion to grant a continuance or not; and we think his discretion was properly exercised,- for no injury could result, or any sur-prize be effected by such an amendment.

Johnson, J. and Evans, J. concurred.

Motion refused.

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