Martin v. Fowler

Citations

• 51 S.C. 164
• 28 S.E. 312
• 1897 S.C. LEXIS 68

Syllabus

<p>1. Estoppel — Pleading—Executors and Administrators. — Where a defendant'admits in his answer the representative character of the plaintiff, he is estopped from afterwards denying it.</p> <p>2. Amendments — Pleadings.—Sec. 194 of the Code, providing for amendment of pleadings, cannot be invoked by a party who has lost his cause.</p> <p>3. Ibid. — Ibid.—Attorney—Excusable Neglect. — When an attorney could have ascertained certain facts by due diligence, he cannot afterwards be relieved of the consequences of his carelessness, under sec. 195 of Code.</p> <p>4. Jurisdiction — Waiver.—Want of jurisdiction of the person may be waived, but not want of jurisdiction of the subject-matter.</p> <p>5. Executors and Administrators. — A grant of letters of administration relates back to the death of the intestate, and legalizes all previous acts of the party as administrator.</p>