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LUMBER COMPANY v. HODGES

Supreme Court of South Carolina.
Apr 21, 1915
Judgment
Subsequent
References
CaseIQ
Case Information
CITATION CODES
citation codes
DOCKET NO.

9076

Attorney(S)

Mr. D.D. McColl, for appellant, cites: As to judicial discretion: 94 S.C. 16; 47 S.C. 498. The rights of parties grow out of transaction stated in 69 S.C. 95. Right to amendment: 95 S.C. 341; 85 S.C. 261; 80 S.C. 217. Messrs. M.C. Woods and A.F. Woods, for respondent, cite: Opinion on former appeal in this case: 96 S.C. 140. Rules determining right to amend: 81 S.C. 579; 60 S.C. 139; 70 S.C. 550. Object of amendment: 69 S.C. 93; 89 S.C. 328; 98 S.C. 8; 94 S.C. 187. Estoppel: 82 S.C. 24; 6 Pom. Eq. Juris., sec. 687; 3 Rich. Eq. 281-300.

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April 21, 1915. The opinion of the Court was delivered by

MR. JUSTICE FRASER.

This is an appeal from an order of Judge Memminger refusing to allow the defendant to amend his answer.

It is admitted that the motion to amend is an appeal to the discretion of his Honor. In order for this Court to sustain this appeal it must appear that there is manifest error in refusing the amendment. The complaint is not incorporated in the "case" and when the original answer denies certain allegations of the complaint by number this Court has no means of knowing what the issues are.

The only question argued by the appellant is his right to amend, and since he has not shown the right to amend, the appeal is dismissed.

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