Lowry v. Atlantic Coast Line R. R.
Supreme Court of South Carolina
Before Copes, J., Sumter, November term, 1911. .Action by Mrs. E. A. Lowry against Atlantic Coast Line R. R. Co. Defendant appeals on the following exceptions: 1. “His Honor erred in overruling defendant’s motion for leave to amend its answer and in holding that sufficient notice of such motion had not been served on plaintiff’s attorney, it being respectfully submitted that ample notice had been given and that defendant was entitled to have the merits of its motion passed…
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Before Copes, J., Sumter, November term, 1911. .Action by Mrs. E. A. Lowry against Atlantic Coast Line R. R. Co. Defendant appeals on the following exceptions: 1. “His Honor erred in overruling defendant’s motion for leave to amend its answer and in holding that sufficient notice of such motion had not been served on plaintiff’s attorney, it being respectfully submitted that ample notice had been given and that defendant was entitled to have the merits of its motion passed upon. 2. “His Honor erred in refusing to exercise his discretion and pass upon the merits of defendant’s motion for leave…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an action against the defendant company for loss and damage to shipment to household furniture which the plaintiff shipped from Henrietta, Texas, to Sumter, S. C. Upon the first trial of the cause the presiding Judge directed a verdict in favor of the defendant, which upon appeal was reversed. See 88 S. C. 310. Some time thereafter and before the summer term of Court for Sumter county in 1911, the defendant gave notice that a motion would be made on July 3d for an order allowing an amendment to the original answer. This motion…
2Cases cited2 opinions
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- Hamilton v. HamerSupreme Court of South Carolina · 1914
- Brock v. BrockSupreme Court of South Carolina · 1954
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