Dunsford v. Brown

Citations

• 19 S.C. 560
• 1883 S.C. LEXIS 114

Syllabus

<p>1. Action being brought by a ward, after his majority, against his guardian, simply for an account, ignoring a settlement had between them and making no allegation or proof of any misrepresentation, undue influence, imposition or fraud, the settlement arid receipt are a bar to the action, and the complaint should be dismissed.</p> <p>2. It was error in the Circuit judge, at the trial, to treat an action for an accounting (which was barred by an unassailed settlement and receipt between the parties) as changed into a direct attack upon the settlement and receipt.</p> <p>3. Amendments before trial may be allowed with great liberality to the end that the action may not be defeated for errors of form merely; but amendments at a later stage of the cause, “ conforming the pleadings to the facts proved,” should not be ordered where thereby the parties are surprised or misled, or the issues are wholly changed.</p> <p>4. Where a receipt in full is pleaded in bar of the accounting demanded by the complaint, it is error to order the account stated until the plea in bar has been disposed of.</p> <p>5. A settlement made between a guardian and ward on the day after the ward attained his majority, and a receipt in full then given by the one to the other, are conclusive upon the ward, if there was, on the part of the guardian, no concealment, misrepresentation, imposition, fraud or personal advantage secured.</p>