Parnell v. Maner

Citations

• 16 S.C. 348
• 1882 S.C. LEXIS 3

Syllabus

<p>1. Action of assumpsit was brought against a sole defendant, and issue joined, after which defendant died, and in June, 1870, entry was made on the docket “ abated by death of defendant.” The estate of the deceased was unrepresented until 1879, when respondent qualified as executor, and, in 1880, motion was made by plaintiff for leave to file a supplemental complaint, which motion was refused. 11eld, that the refusal was proper, as. no leave to file was necessary, and that plaintiff had not, by lapse of time, lost his rig-ht to revive the action.</p> <p>2. An order of the Circuit judge sustained, the result being correct, although, based upon an erroneous ground.</p>