Clements v. . Van Norden's Heirs

Supreme Court of North Carolina

Clements v. . Van Norden's Heirs

20 N.C. 377

DecidedJune 5, 1838

StatusPublished

This text of 20 N.C. 377 (Clements v. . Van Norden's Heirs) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clements v. . Van Norden's Heirs, 20 N.C. 377 (N.C. 1838).

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Opinion

The act of Assembly empowers the court in which any action shall be pending to amend any process, pleading, or proceeding in such action, either in form or substance, for the furtherance of justice, on such terms as shall be just. 1 Rev. Stat., ch. 3, sec. 1. It was discretionary with the Superior Court to fix the terms on which the amendment was to be permitted. The exercise of this just discretion, as to terms, vested by the Legislature in *Page 301 the court which allows of amendments is not the proper subject of appeal. The discretion as to just terms when an amendment is made, is left by the Legislature solely with the court that exercises the power of amendment. This Court has no criterion or standard to ascertain whether the discretion exercised by the judge below was just or not. We are, therefore, of the opinion that this appeal must be dismissed.

PER CURIAM. Appeal dismissed.

(378)

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The act of Assembly empowers the court in which any action shall be pending to amend any process, pleading, or proceeding in such action, either in form or substance, for the furtherance of justice, on such terms as shall be just. 1 Rev. Stat., ch. 3, sec. 1. It was discretionary with the Superior Court to fix the terms on which the amendment was to be permitted. The exercise of this just discretion, as to terms, vested by the Legislature in *Page 301 the court which allows of amendments is not the proper subject of appeal. The discretion as to just terms when an amendment is made, is left by the Legislature solely with the court that exercises the power of amendment. This Court has no criterion or standard to ascertain whether the discretion exercised by the judge below was just or not. We are, therefore, of the opinion that this appeal must be dismissed.

PER CURIAM. Appeal dismissed.

(378)

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Bluebook (online)

20 N.C. 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clements-v-van-nordens-heirs-nc-1838.