[DOWNLOAD] "Burrell v. Dickson Transfer Co." by Supreme Court of North Carolina # eBook PDF Kindle ePub Free
eBook details
- Title: Burrell v. Dickson Transfer Co.
- Author : Supreme Court of North Carolina
- Release Date : January 31, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
It appears from recitals in the judgment of Judge Phillips that the hearing before Judge Sharp on Dickson Transfer Companys demurrer ore tenus was held 31 May, 1955; that Judge Sharp then sustained said demurrer, albeit the formal order was not signed until 7 June, 1955; and that between these dates the judgment of voluntary nonsuit as to Burrell was entered. Whether Judge Sharp on 31 May, 1955, announced a positive ruling as distinguished from an intended ruling, the fact is that no order was signed until 7 June, 1955. Apart from that, had Judge Sharp on 31 May, 1955, signed a judgment sustaining the demurrer ore tenus, such judgment would have been in fieri during the term, subject to being set aside, modified or amended by her further order. Hoke v. Greyhound Corp., 227 N.C. 374, 42 S.E.2d 407. While sustaining the demurrer, Judge Sharp allowed plaintiff to file an amended complaint. The amended complaint was filed within the time allowed. Defendant answered the amended complaint.
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