31 S.E. 373 | N.C. | 1898
It was held in this case (
So the court was in its discretion in allowing the amendment, and the defendant can neither appeal at this stage, nor has he suffered any damage that entitled him to note an exception. If so advised, it is open to him to plead the statute of limitations as if the action was commenced at the date of the amended complaint, and the plaintiff will consider then whether he will prosecute the action further, if that defense is sustained by the trial judge. It would insufferably increase the length and expense of litigation if appeals can be taken from such rulings as this in anticipation of the probable effect of the ruling. It may be the defendant may not set up the statute of limitations, or should it be sustained when set up, the plaintiff may not appeal. In either event, this appeal will have been unnecessary, and at all events is nothing more than an inquiry speered at the Court as to the effect of the amendment (Ely v.Early,
Appeal dismissed. *137