Practice — Action Under Landlord and Tenant Act — Appeal from Justice's Court — Answer of Defendant.
In an action under the landlord and tenant act, begun before a justice of the peace, and carried by appeal to the Superior Court, it was an error in the court to allow the defendant to file an answer claiming title in himself and raising the question of the jurisdiction of the justice's court, although a motion to file such answer had been denied by the justice.
FAIRCLOTH, J., after stating the facts as above:
The only question is, Did the judge have the power to allow the answer to be filed? In Hinton v. Deans, 75 N.C. 18, the defendant applied to his Honor to be allowed to add the plea of the statute of limitations, and we decided that it was discretionary and not a matter of right in the defendant.
In Heyer v. Beatty, 76 N.C. 28, we held that the defendant ought to be allowed to amend his answer and make it what he intended it to be before the justice, and that decision governs the present (8) case, which involves the same question.
PER CURIAM. Affirmed.
Cited: Lane v. Morton, 81 N.C. 38.