Huey v. Hamilton Carhartt Cotton Mills

• Decision Date: 07 July 1916
• Docket Number: 9414.
• Citation: 89 S.E. 477,104 S.C. 488
• Parties: HUEY ET AL. v. HAMILTON CARHARTT COTTON MILLS. IN RE CARHARTT.
• Court: South Carolina Supreme Court

89 S.E. 477

104 S.C. 488

HUEY ET AL. v. HAMILTON CARHARTT COTTON MILLS.

IN RE CARHARTT.

No. 9414.

Supreme Court of South Carolina

July 7, 1916

Appeal from Common Pleas Circuit Court of York County; Ernest Moore Judge.

Action by Elizabeth Huey and others against the Hamilton Carhartt Cotton Mills. From order relative to amendment, bringing in as defendant Hamilton Carhartt, manufacturer, plaintiff and said Hamilton Carhartt, manufacturer, appeal. Dismissed.

Wilson & Wilson, of Rock Hill, for appellants.

J Henry Foster, of Rock Hill, for respondents.

FRASER J.

This appeal is based upon an order allowing an amendment to a summons and complaint. The following is the order:

"Notice of said motion to amend was served, by mail upon Messrs. Wilson & Wilson, and by personal service upon W G. Henderson. Mr. W. B. Wilson, Jr., appeared for Hamilton Carhartt, manufacturer, and stated at the hearing that such appearance was to the jurisdiction of the court and without prejudice. After hearing arguments of the attorneys:

(1) It is ordered that the summons and complaint be amended by inserting the name of Hamilton Carhartt, manufacturer, in lieu of the name of Hamilton Carhartt Cotton Mills, and further that the complaint be amended by striking out in the first paragraph of the complaint 'South Carolina' and insert instead the following: 'One of the states of these United States,' and that the summons and complaint so amended be served upon the defendant, Hamilton Carhartt, manufacturer.

(2) It is further ordered that the defendant, Hamilton Carhartt, manufacturer, is expressly granted the right to remove the action to the United States federal court, and that the action heretofore had, or attempted, and this motion and order to amend, do not operate in any way to the prejudice of defendant's right to said removal to said federal court.

(3) It is further ordered that the defendant shall have 20 days after the service of said amended summons and complaint within which to answer or demur, or both, thereto.

(4) It is further ordered that no costs, up to this date, shall attach to Hamilton Carhartt, manufacturer.

That this order is granted over the objection of Hamilton Carhartt, manufacturer, and also all of said order appearing after the first paragraph hereof was granted over the objection of plaintiff's attorney and on the suggestion of the defendant's attorney, who insisted that, if the motion to amend be allowed, the last three paragraphs be included in the order of the court. January 7, 1916." The defendant appeals from paragraph 1, and the plaintiff from paragraphs 2, 3, and 4 (the numbers added by this court). Neither of the appeals can be sustained because the order, as properly construed, defeats no right that either party had without the order.

I. Paragraph No. 1 allows the plaintiff to make a new summons and complaint and serve it on the defendant. The defendant in the first suit was a South Carolina corporation. The defendant in the second suit was a foreign corporation. The two defendants were...