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EARLY v. ELEY

No. 168.

91 S.E.2d 919 (1956)

243 N.C. 695

Alvah EARLY v. Alvin J. ELEY, Ira C. Ainsley, Banner Nut Company, a Corporation, Alvin J. Eley, Ira C. Ainsley, William R. Raynor, B. Z. Brown, and Coy Brown, Partners, Trading as Banner Nut Company, and Individually.

Supreme Court of North Carolina.

March 28, 1956.

Attorney(s) appearing for the Case

Jones, Jones & Jones, Winton, John R. Jenkins, Jr., Aulander, Gay & Midyette, Jackson, for defendants, appellants.

W. D. Boone, Winton, E. R. Tyler, Roxobel, for plaintiff, appellee.

HIGGINS, Justice.

The defendants contend they were entitled to have the action dismissed as a matter of right for failure on the part of the plaintiff to file his complaint in due time. The contention cannot be sustained. G.S. § 1-152 authorizes the judge, in his discretion, to enlarge time for pleading. Alexander v. Brown, 236 N.C. 212, 72 S.E.2d 522; Aldridge v. Greensboro Fire Ins. Co., 194...

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