Kennedy v. Hill
Supreme Court of South Carolina
Before Dantzi.be., J., York, April, 1907, and Gage, J., July, 1907. Action by Charles. E. Kennedy and Porter B. Kennedy, late members of the firm of Hill, Kennedy & 'Co., against W. E. Hiilil. From order of Judge Dantzler refusing to strike out reply and from order of Judge Gage permitting an amendment to the complaint, defendant appeals.
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Before Dantzi.be., J., York, April, 1907, and Gage, J., July, 1907. Action by Charles. E. Kennedy and Porter B. Kennedy, late members of the firm of Hill, Kennedy & 'Co., against W. E. Hiilil. From order of Judge Dantzler refusing to strike out reply and from order of Judge Gage permitting an amendment to the complaint, defendant appeals. Mr. Hart cites: The 'amendment was improperly allowed: 18 S. C., 305; 21 S'. C., 241, 25; 24 S. C., 476; 26 S. C., 423; 27 S. C., 95; 28 S. C, 287; 47 S, C„ 499; 50 S. 0., 398.; 56 S. C., 90; 74 S. €., 243. cite: Reply should noi have been allowed: Code of…
1Opinion of the Court
The opinion of the Court was delivered iby
Mr. Justice Gary.
1 The appeal herein is from two orders. We will first consider the exceptions assigning’ error on the part of his Honor, Judge Dantzler, in refusing to strike out the entire reply, and likewise in refusing to strike out certain portions thereof, on mloti-on of the defendant’s attorneys.
Section 174 of the Code provides, that “in all cases, where an answer contains new matter, constituting a defense by way of avoidance, the Court may, in its discretion, on the defendant’s motion, require a reply to such newi matter.”
It will thus be…
2Cases cited1 opinion
- Jennings v. ParrSupreme Court of South Carolina · 1899
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- Fanning v. BogackiSupreme Court of South Carolina · 1919
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- Lee v. Southern Railway Co.Supreme Court of South Carolina · 1955
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