Hood, Comr. of Banks v. . Motor Co.
Cases that cite this one
2 later published cases cite this decision.
- Burrell v. DICKSON TRANSFER COMPANY (N.C. 1956)
- Morgan v. High Penn Oil Co. (N.C. 1952)
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
Whether tbe defendants should have been allowed to amend tbeir counterclaim, after demurrer sustained, was a matter addressed to tbe sound discretion of tbe trial court, and is not reviewable on appeal. C. S., 515; McKeel v. Latham, 203 N. C., 246, 165 S. E., 694; Morris v. Cleve, 194 N. C., 202, 139 S. E., 230.
There was no error in overruling tbe demurrer to tbe counterclaim as amended. Griffin v. Bank, 205 N. C., 253, 171 S. E., 71. Indeed, it might well have been disregarded (C. S., 512), or treated as a motion to dismiss (Elam v. Barnes, 110 N. C., 73, 14 S. E., 621), from tbe refusal of which no appeal lies. Seawell v. Cole, 194 N. C., 546, 140 S. E., 85; Plemmons v. Improvement Co., 108 N. C., 614, 13 S. E., 188.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.