Huey v. Hamilton-Carhartt Cotton Mills
Supreme Court of South Carolina
Before MoorE, J., York, January, 1916. Action by Elizabeth Huey and others against the Hamilton Carhartt Cotton Mills. From order relative to amendment, bringing in as defendant Hamilton Carhartt, manufacturer, plaintiff and said Hamilton Carhartt, manufacturer, appeal. submits: Order affects questions■ not noticed, nor before the Court: 53 S. C. 111. Variance in name of parties: Code Civil Proc., sec. 224; 5 S. C. 288; 13 S. C. 491; 16 S. C. 231; 51 S. C. 412; 73 S. C. 477;…
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Before MoorE, J., York, January, 1916. Action by Elizabeth Huey and others against the Hamilton Carhartt Cotton Mills. From order relative to amendment, bringing in as defendant Hamilton Carhartt, manufacturer, plaintiff and said Hamilton Carhartt, manufacturer, appeal. submits: Order affects questions■ not noticed, nor before the Court: 53 S. C. 111. Variance in name of parties: Code Civil Proc., sec. 224; 5 S. C. 288; 13 S. C. 491; 16 S. C. 231; 51 S. C. 412; 73 S. C. 477; 83 S. C. 557;.76 S. C. 189; 96 S. C. 19, 22. As to amendment: 90 S. C. 278; 81 S. C. 44; 103 S. C. 177. Messrs. Wilson…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
This appeal is based upon an order allowing an amendment to a summons and complaint. The following is the order:
“Notice of said motion to amend was .served, by mail, upon Messrs. Wilson & Wilson, and by personal service upon W. G. Henderson. Mr. W. B. Wilson, Jr., appeared for Hamilton Carhartt, manufacturer, and stated at the hearing that such appearance was to the jurisdiction of the Court and without prejudice. After hearing arguments of the attorneys:
“(1) It is ordered that the summons and complaint be amended by inserting the…
2Cases cited1 opinion
- Citizens Savings Bank v. EfirdSupreme Court of South Carolina · 1913