Commissioners v. Kenan.

Supreme Court of North Carolina

Commissioners v. Kenan.

37 S.E. 997, 127 N.C. 181, 1900 N.C. LEXIS 48

DecidedNovember 20, 1900

StatusPublished

This text of 37 S.E. 997 (Commissioners v. Kenan.) 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

Commissioners v. Kenan., 37 S.E. 997, 127 N.C. 181, 1900 N.C. LEXIS 48 (N.C. 1900).

Pincite

Opinion

Pee CueiaM.

This case is governed by the decision in Williamson v. Jones, at this term, and cases there cited. The account approved by the County Commissioners can not be *182 attacked, except for errors specially assigned or fraud set up in the answer. Laws 1899, chap. 15, sec. 111. The agreement in this case that the pleadings might be amended has no bearing, for the amended answer does, not comply with the statute.

It is unnecessary to consider the other assignments of error, for, when the case goes down, it is in the power of the Judge to permit amendments, and the contentions of the parties may be thereby materially changed.

New trial.

FatRolotii, C. J., dissents.

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Pee CueiaM.

This case is governed by the decision in Williamson v. Jones, at this term, and cases there cited. The account approved by the County Commissioners can not be *182 attacked, except for errors specially assigned or fraud set up in the answer. Laws 1899, chap. 15, sec. 111. The agreement in this case that the pleadings might be amended has no bearing, for the amended answer does, not comply with the statute.

It is unnecessary to consider the other assignments of error, for, when the case goes down, it is in the power of the Judge to permit amendments, and the contentions of the parties may be thereby materially changed.

New trial.

FatRolotii, C. J., dissents.

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Bluebook (online)

37 S.E. 997, 127 N.C. 181, 1900 N.C. LEXIS 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioners-v-kenan-nc-1900.