Lloyd v. Swansboro Land & Lumber Co.
This text of 83 S.E. 248 (Lloyd v. Swansboro Land & Lumber Co.) 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
At April Term, 1914, Whedbee, judge, made an order in this cause, allowing the plaintiffs to file amended complaint within thirty days, which order provided that if the plaintiffs fail either to file such amended complaint or to pay the cost as shown within thirty days from the adjournment of this term, then this action shall stand dismissed without further order.
The order could not be self-executing, and the condition is a nullity. The judge could not delegate to any one the power to enter up judgment if the amended complaint was not filed.
Alternative or conditional judgments are void. This left it open to the discretion of a succeeding judge to allow the amended pleadings to be filed. Strickland v. Cox, 102 N. C., 411; Woodcock v. Merriam, 122 N. C., 734; Church v. Church, 158 N. C., 564.
Affirmed.
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Cite This Page — Counsel Stack
83 S.E. 248, 167 N.C. 97, 1914 N.C. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lloyd-v-swansboro-land-lumber-co-nc-1914.