Jennings v. Parr
Supreme Court of South Carolina
Before Klugi-i, J., Fairfield, March, 1898. Action by Rob’t. H. Jennings, as clerk of Court, v. Henry L. Parr. From order permitting defendant to amend his answer, after case had been remanded for further proceedings, plaintiff appeals. Amendment could not be permitted now: 17 S. C, 207; 37 S. C, 135; 50 S. C., 318. Issues sought to be reopened are res judicata: 6 Rich.
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Before Klugi-i, J., Fairfield, March, 1898. Action by Rob’t. H. Jennings, as clerk of Court, v. Henry L. Parr. From order permitting defendant to amend his answer, after case had been remanded for further proceedings, plaintiff appeals. Amendment could not be permitted now: 17 S. C, 207; 37 S. C, 135; 50 S. C., 318. Issues sought to be reopened are res judicata: 6 Rich. Eq., 302; 17 S. C., 274; 16 S. C., 627; 17 S. C., 39, 189; 19 S. C., 159; 50 S. C., 318. Permitting the amendment was an abuse of his discretion: 31 S. C., 199; 51 S. C, 226; 21 S. C., 221, 226; 30 S. C., 101, 564; 32 S. C.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
For a full understanding of the facts of this case it will be necessary to refer to the report of it in 51 S. C, 191. His Honor, Judge Klugh, granted the following order: “This case comes up before me on a motion by the defendant to be allowed to amend his answer in several particulars, set out in affidavits, and served by him in this proceeding, with certain proposed amendments. After hearing argument of counsel, pro and con, I am of opinion that it will be in furtherance of justice to allow some of the amendments sought, and it is…
2Cited by9 opinions
- Singleton v. CuttinoSupreme Court of South Carolina · 1917
- Carpenter v. LewisSupreme Court of South Carolina · 1903
- Fogel v. McDonaldSupreme Court of South Carolina · 1931
- Pickett v. Southern Ry.Supreme Court of South Carolina · 1906
- Frady v. IvesterSupreme Court of South Carolina · 1924
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