Dubose v. Kell

71 S.E. 371, 90 S.C. 196, 1911 S.C. LEXIS 172

• Court: Supreme Court of South Carolina
• Decided: December 19, 1911
• Docket: 8064
• Status: Published

Opinion

The opinion im this oase was filed on May 23, 1911, but remittitur hcldi up om petition far rehearing- until

The opinion of the Court was- delivered by

Mr. Justice Gary.

This is an action to set aside a deed for fraud, anidi fur other relief.

The facts, are fully stated, in the decree of his Honor, special Judge Ernest Moore, which, together with appellant’s exceptions', will be incorporated in the report of the case. .

5 The first question that will be considered, is whether there was error on the part of the presiding Judge, in refusing the motion to allow the plaintiff, to amend the complaint in tine particular mentioned in 'the first exception. Amendments -are within, the discretion, of the presiding Judge, and .an order refusing a motion to amend, is not appealable, unless, there was an abuse' of discretion, which does not appear in this case.

We do not deem it necessary, to consider the other exceptions, specifically, as we are satisfied with the Circuit Judge’s findings of fact, and the reasons assigned by him for his conclusions of law.

Affirmed.

6 Petition for rehearing refused by formal order filed December 19, 1911.