Norwood, Guard'n v. . Harris

69 N.C. 204

Opinion

Pearson, C. J.

His Honor adjudged that the demurrer be omitted, and held it to be frivolous; but pending a motion for final judgment, he entertained a motion to amend by striking out the demurrer and allowing the defendant to answer. This latter motion was heard upon affidavits, and. K his Honor being satisfied that the demurrer was interposed in good faith, and that the defendant had a valid, prima fide defense, allowed the motion.”

In this his Honor did not exceed his powers. He surely had a right during the time to change an opinion expressed on the first impression, and to act upon a more deliberate opinion found after hearing affidavits as to the merits,, especially as this was done pending the motion for final judgment; indeed we can see no reason why he might not have done so at any time during the term. For the matter was still “ in fieri.”

There is no error.

Per Curiam. Judgement affirmed.