Legal Opinion

Mason v. Johnson

Supreme Court of South Carolina

Decided January 8, 1880No. CASE No. 793Published

Before Pressley, J., Spartanburg, June, 1879. Action by Miles P. Mason against Elias Johnson, on guardianship bond, commenced February 3d, 1879. . The case was referred to S. J. Simpson, Esq., as “special referee to take testimony and decide all issues of fact arising herein and that he’do report the same to this court.”

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Before Pressley, J., Spartanburg, June, 1879. Action by Miles P. Mason against Elias Johnson, on guardianship bond, commenced February 3d, 1879. . The case was referred to S. J. Simpson, Esq., as “special referee to take testimony and decide all issues of fact arising herein and that he’do report the same to this court.” At the reference, before any testimony was taken, motion was made by defendant for leave to amend his answer-by setting up as a defence the statute of limitations. Plaintiff objected, but the referee allowed the amendment; and plaintiff excepted. The following are the…

1Opinion of the Court

The opinion of the court was delivered by

McIvbr, A. J.

The only questions raised by this appeal are :

1. Whether the Circuit judge erred in sustaining the action of ■the referee in allowing the defendant to amend his answer at the ■opening of the reference, by adding thereto the plea of the statute ■of limitations. 2. Whether such plea was a bar to the action.

Referees have the same power to allow amendments to any pleading as the court has, {Code, § 296,) and, ordinarily, a motion for leave to amend is addressed to the discretion of the court and is not appealable, provided the amendment is…

2Cases cited2 opinions

  1. Richtmeyer v. . RemsenNew York Court of Appeals · 1868
  2. Gilchrist v. Gilchrist's ExecutorsNew York Supreme Court · 1873

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