Stallings v. Barrett

Citations

• 26 S.C. 474
• 2 S.E. 483
• 1887 S.C. LEXIS 70

Syllabus

<p>1. It is within the discretion of the Circuit Judge to permit an amendment of the complaint, after demurrer thereto, without costs; and the exercise of this discretion will not, as a rule, b.o disturbed.</p> <p>2. A complaint by an adult ward and three minor wards for an accounting by the defendant, who had been appointed guardian of the undivided estate of the four plaintiffs and had given his single bond as such, is not a misjoinder of causes of action.</p> <p>3. A ward, after attaining his majority, may maintain an action for account in the courts of this State against his guardian resident here, but appointed in another State. And (per McGowan, A. J.) so may infant wards.</p> <p>4. It does not seem to be necessary to allege in a complaint that the plaintiff is of age, notwithstanding the allegation that he was under age nine years before.</p> <p>5. A demurrer does not lie for excess of parties.</p>