Heyward v. Williams

• Decision Date: 20 March 1897
• Citation: 48 S.C. 564,26 S.E. 797
• Parties: HEYWARD. v. WILLIAMS et al.
• Court: South Carolina Supreme Court

26 S.E. 797

48 S.C. 564

HEYWARD.

v.WILLIAMS et al.

Supreme Court of South Carolina.

March 20, 1897.

Pleadings—Amendments—Discretion of Trial Court.

Where a complaint omitted the words "after maturity" in describing the note, and plaintiff prepared a second complaint, correcting the mistake, but inadvertently served copies of the first one, an order allowing amended copies to be served after defendants had answered, giving the latter 20 days to answer, and plaintiff the same time in which to reply, was within the discretion of the court, which is authorized by Code Civ. Proc. §§ 194, 195, to amend pleadings in the furtherance of justice, and to extend the time for doing any act.

Appeal from common pleas circuit court of Beaufort county; James Aldrich, Judge.

Action by A. H. Heyward against C. A. Williams and others to foreclose a mortgage. From an order allowing plaintiff to serve amended copies of the complaint, defendants appeal. Affirmed.

W. J. Verdier, for appellants.

W. N. Heyward, for respondent.

JONES, J. This is an appeal from an order of Judge Aldrich allowing plaintiff to serve amended copies of the complaint on certain of the defendants, allowing said defendants 20 days after service thereof within which to answer, and allowing plaintiff 20 days after service of said answer in which to reply to any matter set up by way of counterclaim. The circuit judge found the facts as follows: "Counsel for plaintiff prepared acomplaint, indorsed 'Original, ' for the foreclosure of a mortgage of real estate. The words 'after maturity' were by accident omitted in the allegation purporting to state the terms of the mortgage debt. A second complaint, indorsed 'Original, ' was prepared, which purports to set out correctly the terms of the note secured by the mortgage, including the words 'after maturity.' By accident copies of the erroneous original were served upon certain of the defendants. These defendants have served their answers, and a counterclaim has been set up against the cause of action as stated in the complaint served upon them. I think that the omission of the words 'after maturity' was an accidental error, or clerical error, and was not discovered by counsel for plaintiff until the answers of defendants directed his attention to the matter. The original complaint purports to be verified. Unverified answers to the complaint were served upon plaintiff's attorney, which he returned, upon the ground that they were not sufficient, in that a verified...