ANDERSON v. ATKINSON

No. 242.

69 S.E.2d 603 (1952)

235 N.C. 300

ANDERSON et al. v. ATKINSON et al.

Supreme Court of North Carolina.

March 19, 1952.


Attorney(s) appearing for the Case

Wellons, Martin & Wellons, Smithfield, for defendants, appellants.

E. Reamuel Temple and Leon G. Stevens, Smithfield, for plaintiffs, appellees.


DENNY, Justice.

The defendants' exceptions and assignments of error challenge the authority of the court below to allow an amendment to a complaint in an action in which the court has no jurisdiction of the subject matter of the original action. The exceptions are well taken and will be sustained.

In the former opinion, reported in 234 N.C. 271, 66 S.E.2d 886, 888, Ervin, J., speaking for...

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