Goodwin v. Caraleigh Phosphate & Fertilizer Works
Cases that cite this one
4 later published cases cite this decision.
- Thompson v. . Davis (N.C. 1944)
- Biggs v. . Moffitt (N.C. 1940)
- Whitaker v. . Dunn (N.C. 1898)
- State Ex Rel. Goodwin v. Caraleigh Phosphate & Fertilizer Works (N.C. 1898)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The plaintiff sued for a penalty • of $200, before a Justice of the Peace, and the defendant denied the allegations of the complaint and pleaded the statute of limitations. On appeal in the Superior Court, the plaintiff asked leave to amend his complaint by inserting a second, cause of action, which was refused. He claimed the right,. *92 as of course, under The Code, Sec. 272. The motion, coming after the time for answering had expired and after answer had been filed, was too late, as a matter of course. The privilege of amending pleadings is at the discretion of the court, and its decision is not reviewable. Commissioners of Alamance v. Blair, 76 N. C., 136; Kron v. Smith, 96 N. C., 389; Clark’s Code, pp. 220.
Affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.