Mabe v. Green

Supreme Court of North Carolina

Mabe v. Green

154 S.E.2d 91, 270 N.C. 276, 1967 N.C. LEXIS 1339

DecidedMay 3, 1967

StatusPublished

This text of 154 S.E.2d 91 (Mabe v. Green) 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

Mabe v. Green, 154 S.E.2d 91, 270 N.C. 276, 1967 N.C. LEXIS 1339 (N.C. 1967).

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Opinion

PER Cueiam.

The ruling of the court sustaining the demurrer is affirmed under the authority of Hout v. Harvell, ante, at 274, .... S.E. 2d ..... The court erred, however, in dismissing the action as to defendant Green. Plaintiff was entitled to move under G.S. 1-131 for leave to amend. The record shows no such motion and contains [278]*278no order denying such .permission. In the event plaintiff' fails to apply for and to obtain leave to amend within the time allowed by G.S. 1-131, defendant Green will then be entitled to a judgment dismissing the action as to him.

Error and remanded.

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PER Cueiam.

The ruling of the court sustaining the demurrer is affirmed under the authority of Hout v. Harvell, ante, at 274, .... S.E. 2d ..... The court erred, however, in dismissing the action as to defendant Green. Plaintiff was entitled to move under G.S. 1-131 for leave to amend. The record shows no such motion and contains [278]*278no order denying such .permission. In the event plaintiff' fails to apply for and to obtain leave to amend within the time allowed by G.S. 1-131, defendant Green will then be entitled to a judgment dismissing the action as to him.

Error and remanded.

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Bluebook (online)

154 S.E.2d 91, 270 N.C. 276, 1967 N.C. LEXIS 1339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mabe-v-green-nc-1967.