DOBIAS v. WHITE

No. 171.

83 S.E.2d 785 (1954)

240 N.C. 680

Stephen G. DOBIAS and wife, Grace Dobias, v. C. S. WHITE and wife, Georgia M. White.

Supreme Court of North Carolina.

October 13, 1954.


Attorney(s) appearing for the Case

E. C. Carnes and William C. Chambers, Marion, for plaintiff appellants.

Proctor & Dameron, Marion, for defendant appellees.


BARNHILL, Chief Justice.

The plaintiffs assign as error the order of the court permitting defendants to file an amendment to their answer after the cause was calendared for trial and without ten days' notice to them. This exception is without merit. G.S. § 1-167, upon which plaintiffs rely, was enacted to meet the specific situations therein recited and to provide a method for obtaining leave to amend a pleading out of term and in the absence of a judge. G.S...

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