Jacobs v. Gilreath

Citations

• 41 S.C. 143
• 19 S.E. 308
• 1894 S.C. LEXIS 98

Syllabus

<p>1. Amendments. — The right of the Cirouit Judge to permit amendments should be liberally construed, and where one was granted before trial, and did not make a new cause of action, nor substantially change the claim, it was properly granted.</p> <p>2. Ibid. — Note—New Promise. — The breach of 'a debt, and not the evidence of it as expressed in a note, is the cause of action ; therefore, when plaintiff sued on a note alleging payments, an amendment, alleging a new promise from these payments made before action on the note was barred, did not make any new cause of action.</p> <p>3. Cases Criticised. — Fleming- v. Fleming, 33 S. 0., 508, and Parks v. Brooks, 38 S. 0., 300, followed and justified.</p> <p>4. Ibid. — This case followed in another case on same facts.</p>