GRACE v. JOHNSON

No. 7415DC28.

204 S.E.2d 723 (1974)

21 N.C. App. 432

Eugene V. GRACE v. Bobby G. JOHNSON.

Court of Appeals of North Carolina.

May 1, 1974.


Attorney(s) appearing for the Case

Newsom, Graham, Strayhorn, Hedrick, Murray & Bryson by O. William Faison, Jr., Durham, for plaintiff appellee.

White, Allen, Hooten & Hines, P. A. by Thomas J. White, III, Kinston, for defendant appellant.


VAUGHN, Judge.

Rule 4(i) of the Rules of Civil Procedure empowers the court to allow amendment of the summons at any time in its discretion unless it clearly appears that material prejudice would result to substantial rights of the party against whom the process issued. A comment by the General Statutes Commission states that the rule "in terms, does not provide for any greater liberality of amendment than did former G.S. § 1-163." We agree. The question, therefore...

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