Crump v. Eckerd's, Inc.
This text of 85 S.E.2d 607 (Crump v. Eckerd's, Inc.) 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.
Opinion
Eckerd’s, Inc., is a Forth Carolina corporation. Eckérd Drugs, Inc., is a Delaware corporation.
G-.S. 1-163 is captioned “Amendments in Discretion of Court.” The material part of this statute reads: “The judge or court may, before and after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process or proceeding, ... by correcting a mistake in the name of a party . . .”
It is not necessary for us to decide whether the plaintiff by his motion is seeking to correct a mistake in the name of the defendant, or is seeking to substitute a different corporation for the present defendant without service of process. The trial court in its discretion denied plaintiff’s motion. No manifest abuse of discretion is made to appear. The court’s ruling is not subject to review. Gordon v. Gas Co., 178 N.C. 435, 100 S.E. 878; Hogsed v. Pearlman, 213 N.C. 240, 195 S.E. 789; Byers v. Byers, 223 N.C. 85, 25 S.E. 2d 466; Pharr v. Pharr, 223 N.C. 115, 25 S.E. 2d 471.
The judgment of the lower court is
Affirmed.
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Cite This Page — Counsel Stack
85 S.E.2d 607, 241 N.C. 489, 1955 N.C. LEXIS 390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crump-v-eckerds-inc-nc-1955.