Hill v. Hill

Citations

• 51 S.C. 134
• 28 S.E. 309
• 1897 S.C. LEXIS 67

Syllabus

<p>1. Discretion — Continuance—Practice.—It is not an abuse of discretion for a Judge to refuse to continue a cause because there is another action pending on the same cause of action in a foreign jurisdiction.</p> <p>2. Abatement — Practice—Code, 163. — The pendency of another action in a foreign jurisdiction is not of itself a ground of abatement. Code, 163, does not apply to a case like this.</p> <p>3. Administrator — Remedy.—Until final discharge, an administrator may maintain a suit on a note for benefit of heirs even after accounting, at which it was agreed that notes should be turned over to heirs.</p> <p>4. Evidence — New Promise — Limitation oe Actions — Jury.—The letters in question were competent evidence under the facts, and were properly construed by the Court to be a sufficient promise to pay a debt to take the case out of the bar of the statute, the question of what debts being properly left to the jury.</p> <p>5. Pleading — Cause of Action. — After party is required by Court to-elect under what cause of action he will proceed, the allegations of the complaint under the facts here were properly allowed to remain unchanged.</p> <p>6. Appeal. — Evidence of payment on a note made more than six years before suit, is harmless to defendant.</p>