Skinner v. Hodge

Citations

• 24 S.C. 165
• 1886 S.C. LEXIS 18

Syllabus

<p>1. An action having been instituted by the heirs of a mortgagor for the recovery of the mortgaged land, the Circuit Judge erred in withdrawing the case from the jury, and directing the complaint to be amended so as to make the case an action to redeem the mortgaged premises, as by such amendment the claim of the plaintiffs was changed, and a new and different cause and kind of action substituted.</p> <p>2. Such order being erroneous, all subsequent proceedings, orders, and decrees under the amended complaint must fall with the erroneous order.</p>