Coleman v. Heller

Citations

• 13 S.C. 491
• 1880 S.C. LEXIS 83

Syllabus

<p>1. Exceptions to the orders and rulings of the judge may be taken at the trial, and if so taken, they need not be served within ten days after the rising of the court, as required by the act of 1878. 16 Stal. 698.</p> <p>2. Where the judge is apprised of the intention to rely on the proposition advanced by way of exception, that is sufficient to constitute an exception, although there is no formal request to note an exception. Fox v. Railroad, 4 S. C. 543, approved.</p> <p>■3. At the trial, the Circuit judge permitted the name of a sole plaintiff to be stricken out and another substituted in his stead, without time given to the defendants to answer such amended complaint. Held to he error.</p>