McKinnon v. . Faulk

68 N.C. 279

• Court: Supreme Court of North Carolina
• Decided: January 5, 1873
• Status: Published

Opinion

Settle, J.

The Courts of this State had grown very liberal under the old system of pleading in allowing amendments. And then the Constitution of 1868, at one blow, struck down the technicalities and refinements of the old system, and this has been followed up by the Code of Civil Procedure, which greatly enlarges the power of the Courts in respect to amendments-

Judges now have a very large discretion to make amendments in furtherance of justice. When they make or refuse to make amendments, ¿inder a mistake as to to their power, this Court will review their action, but when the matter lies within their discretion, this Court cannot review the exercise of that discretion.

Here the Court had the power to make the amendments of which the defendant complains; and by so doing removed his first objection to the jurisdiction.

There is no error.

Per, Curiam.

Judgment affirmed.