Opinion
(Decided 24 May, 1898.)
Dismissal of Action — Extension of Time to File Complaint — Discretion of Court — Appeal.
The refusal to allow an extension of time to file a complaint is within the discretion of the trial judge, and his order dismissing the action for failure to file complaint within the time prescribed by law will not be disturbed on appeal.
ACTION, heard before Adams, J., at January Term, 1898, of NEW HANOVER on defendant's motion to dismiss the action for plaintiff's failure to file its complaint within the time prescribed by law. The summons was issued 16 June, 1896, and the complaint was filed 16 September, 1897. His Honor, in the exercise of his discretion, allowed the motion, and plaintiff appealed.
Herbert McClammy for plaintiff.
T. W. Strange and Ricaud Bryan for defendants.
The refusal to extend the time to file the complaint rested in the discretion of the judge. In dismissing the action there is
No error.
(409)