—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.
Hamilton v. Shepherd, 5 N.C. 471, 2 Car. L. Rep. 471 (1816)
Jan. 1816
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Supreme Court of North Carolina
5 N.C. 471, 2 Car. L. Rep. 471
Hamilton, Ex’trix, &c. v. Shepherd, Adm'tor of Smith.
This is an action on the case in the nature of deceit: and it is moved by the defendant’s counsel that he be permitted to plead the act of 1789 barring claims against the estates of deceased persons. He does not state that he was directed by his client to make this defence, but he does state that the defendant believing the defenece open to him, has attended with the evidence necessary to support it. The suit has been depending two years; and it is submitted to the Supreme Court to say whether the plea shall now be entered, and if so upon what terms?