Marion County Lumber Co v. Hodges

Supreme Court of South Carolina April 21, 1915

Marion County Lumber Co v. Hodges, 85 S.E. 49 (S.C. 1915)

100 S.C. 477; 1915 S.C. LEXIS 73

Fraser

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Fraser.

This is an appeal from an order of Judge Memminger refusing to allow the defendant to amend his answer.

It is admitted that the motion to amend is án- appeal to the discretion of his Honor. In order for this Court to sustain this appeal it must appear that there is manifest error in refusing the amendment. The complaint is not incorporated in the “case” and when the original answer denies certain allegations of the complaint by number this Court has no means of knowing what the issues are.

The only question argued by the appellant is his right to amend, and since he has not shown the right to amend, the appeal is dismissed.

Reference

Full Case Name: Marion County Lumber Co. v. Hodges.
Cited By: 3 cases
Status: Published
Syllabus: Appeal and Error. Pleadings. Amendment. 1. Appeal and Error—Review—Abuse of Discretion.—Leave to amend an answer being within the discretion of the trial Court, an order denying leave will not be reviewed in the absence of manifest error. 2. Appeal and Error—Dismissal—Record.—Where defendant only argued on appeal the denial of leave to amend his answer, his appeal must be dismissed where the incompleteness of the record rendered it impossible for the appellate Court to determine whether the trial Judge abused his discretion.