Wilson v. Gregory

In his order allowing the plaintiff to amend his complaint, the Circuit Judge sufficiently states the nature of the controversy and the issues involved. The defendant contends (1) that the complaint, as amended, states a new cause of action, and (2) that such cause of action is barred by the statute of limitations.

Under the facts shown, if appellant’s first contention is right, then his second must be sustained. As stated in Coral Gables v. Palmetto Brick Co., 183 S. C., 478, 191 S. E., 337, 341, “an amendment of a complaint will not be allowed if a wholly new cause o.f action is thereby…