Hamilton v. . Shepard

Supreme Court of North Carolina

Hamilton v. . Shepard

4 N.C. 357

CourtSupreme Court of North Carolina

DecidedJanuary 5, 1816

StatusPublished

Cited by3 cases

This text of 4 N.C. 357 (Hamilton v. . Shepard) 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

Hamilton v. . Shepard, 4 N.C. 357 (N.C. 1816).

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Opinion

The courts have of late years exercised much liberality in the practice as it respects the addition of pleas and the amendment *Page 278 of pleadings. Its general tendency is to advance the claims of justice by putting the trial of a cause upon its merits; and as the court may prescribe the terms of the permission, the power may be so employed as to prevent delay and tax inattention. Reid v. Hester and Johnston v. Williams, 1 N.C. heretofore decided in this Court, are authorities for adding, upon payment of all costs up to the time of the application.

(358)

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The courts have of late years exercised much liberality in the practice as it respects the addition of pleas and the amendment *Page 278 of pleadings. Its general tendency is to advance the claims of justice by putting the trial of a cause upon its merits; and as the court may prescribe the terms of the permission, the power may be so employed as to prevent delay and tax inattention. Reid v. Hester and Johnston v. Williams, 1 N.C. heretofore decided in this Court, are authorities for adding, upon payment of all costs up to the time of the application.

(358)

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Bluebook (online)

4 N.C. 357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-shepard-nc-1816.

Opinion

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