Hamilton v. Carrington

Citations

• 41 S.C. 385
• 19 S.E. 616
• 1894 S.C. LEXIS 113

Syllabus

<p>1. Amendments. — Where plaintiffs apply to the court within twenty days after answer served for leave to amend their complaint, they thereby waive their privilege to amend as of right, and submit their claim to the discretion of the court.</p> <p>2. Ibid. — Ancillary Administration. — An amendment to a complaint was properly refused where its purpose was to require an ancillary administratrix to account for assets received in her capacity as domiciliary administratrix, as she was so accountable only in the courts of the domicile.</p> <p>3. Another Action — Appeal.—The execution of a decree in a prior cause cannot be held by this court to be stayed by a subsequent action between the same parties, as to the same matters, where no such question was raised on Circuit.</p>