Ellen v. Ellen
Supreme Court of South Carolina
Before Pressley, J., Marion, June, 1886. This was an appeal from an order granted by the Circuit Judge at his chambers in Darlington on June 9, 1886, granting leave to plaintiff to amend his complaint. The complaint and answer were filed in 1882. Defendant appealed upon the following exceptions: 1. Because his honor, Judge Pressley, at chambers had no authority of law to grant the order allowing plaintiff to amend his complaint.
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Before Pressley, J., Marion, June, 1886. This was an appeal from an order granted by the Circuit Judge at his chambers in Darlington on June 9, 1886, granting leave to plaintiff to amend his complaint. The complaint and answer were filed in 1882. Defendant appealed upon the following exceptions: 1. Because his honor, Judge Pressley, at chambers had no authority of law to grant the order allowing plaintiff to amend his complaint. Such orders can only be made in open court. 2. _ Because, after the pleadings are made up and after the time expires as limited by law to amend pleadings of course,…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Ohiee Justice Simpson.
In this case his honor, Judge Pressley, at chambers, granted the plaintiff leave to amend his complaint by inserting therein a -demand that the land described in the complaint be sold for the payment of the judgment and execution of the plaintiff against Clark, administrator. This leave was granted upon the proper notice to the defendant. The defendant appeals, raising the question that his honor had no power to grant this motion at chambers. And this is the only question in the case.
We think that section 2112 of General…
2Cited by1 opinion
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