C. W. Hunt Co. v. Wulbern Fertilizer Co.

(dissenting) : Facts occurring after the commencement of the action can be brought before the Court only by supplemental pleading and not by amendment to the original pleading (McCaslan v. Latimer, 17 S.C., 123), leave for which is granted upon motion of which opposing party is entitled to notice. ( Code Civ. Proc., § 440; Avery v. Wilson, 47 S. C., 78; 25 S. E., 286.)

The matter offered by way of amendment was not a denial of any allegation of the complaint nor of new matter constituting a defense or counterclaim. Trust Co. v. Kibler, 105 S. C., 513; 90 S. E., 159. Under sections 4279 to…