Opinion · Supreme Court of North Carolina

Hamilton v. Shepherd

Hamilton v. Shepherd, 2 N.C. 471 (N.C. 1816)

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1816-01-15
Topic
general

Taylor, C. J: —The Courts have of late years exercised much liberality in the practice, as it respects the addition of pleas, and the amendment of pleadings. Its general tendency is to advance the claims of justice, by putting the trial of a cause upon its merits; and as the Court may prescribe the terms of the permission, the power may be so employed as to prevent delay and tax inattention. The cases of Reed v. Hester and Johnston v.

Citator

UpLaw has not yet analyzed Hamilton v. Shepherd. The absence of a flag is not a finding that it is good law.

Taylor, C. J:

—The Courts have of late years exercised much liberality in the practice, as it respects the addition of pleas, and the amendment of pleadings. Its general tendency is to advance the claims of justice, by putting the trial of a cause upon its merits; and as the Court may prescribe the terms of the permission, the power may be so employed as to prevent delay and tax inattention. The cases of Reed v. Hester and Johnston v. Williams, heretofore decided in this Court, are authorities for adding the plea in the present instance. It therefore may be added, upon payment of all costs up to the time of the application.