Jacobs v. Gilreath, (No. 3,339.)

• Decision Date: 22 March 1894
• Docket Number: (No. 3,339.)
• Citation: 19 S.E. 310,41 S.C. 143
• Parties: JACOBS v. GILREATH et al.
• Court: South Carolina Supreme Court

19 S.E. 310

41 S.C. 143

JACOBS

v.GILREATH et al.

(No. 3, 339.)

Supreme Court of South Carolina.

March 22, 1894.

Appeal from common pleas circuit court of Greenville county; W. H. Wallace, Judge.

Action by R. H. Jacobs against Mattie Gilreath and others. The court permitted plaintiff to amend his petition, and defendants appeal. Affirmed.

W. H. Irvine, for appellants.

Jas. I. Earle, for respondent

POPE, J. This action was commenced by the service of a summons and complaint on the 8th day of February, 1893. After the defendants had answered, denying all liability to the plaintiff for the debt sued on, and pleading the statute of limitations as a bar to plaiutiff's action, plaintiff gave notice of an amendment he would ask leave of Judge Wallace to have inserted in the second paragraph of the complaint. After argument, Judge Wallace, on the 4th October, 1893, made an order allowing the amendment Thereupon, the defendants appealed therefrom, on the single ground "that his honor erred in permitting plaintiff to amend his complaint so as to alter the suit from an action on the note to an action on the alleged new promise arising by operation of law from certain alleged payments; said amendments, as defendants will contend, converting the original complaint into a new, separate, and distinct action." After a careful consideration of the point here raised, and on the authority of the case of Jacobs v. Gilreath, 19 S. E. 308, which we have just decided, and which involves the identical point here raised, we must dismiss the appeal, and affirm the order of Judge Wallace appealed from.

McIVER, C. X, and McGOWAN, X, concur.