John S. Reese & Co. v. Jones

84 N.C. 597

• Court: Supreme Court of North Carolina
• Decided: January 5, 1881
• Status: Published

Opinion

Ashe, J.

The case of Boddie v. Woodard, 83 N. C., 2, was very much like this. There, the entry was “ complaint filed, time to demur or answer.” At the ensuing term the defendant’s counsel moved to file an answer, which the court refused and gave judgment for the plaintiff. This court on the appeal of defendant held that while it would not undertake definitely to fix the limits of the extension in such cases, they cannot he allowed to reach the trial term, and as the motion to put in the answer at that term was addressed to the discretion of His Honor, its exercise could not be reviewed and controlled in this court.

Ours is a somewhat stronger case than -that, for here, the complaint was filed three months before the trial term, and- the defendant’s counsel was notified, at the time, of the' fact of the complaint being filed, and. was also informed-¡that his client -was then in town. The defendant was guilty •of laehes. There is no excuse for the delay. The allowing the answer, to be filed at the trial term was a pure matter of discretion, and is not reviewable in this court. .

No error. Affirmed.