The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-11
CHAPTER vi.

SI1aI lLlL i.
MISTAKES IN PLEADING, AND AMENDMENTS.
SEc. l"2. Material variances, how pro-
vided for.
Sec. 1913. Immaterial variaaces, how
provided for
Sec. 1914. What not to be deemed n
variance.
Sec. 1875. Amendments of course and
after demurrer.
SEC. 19G. Amendments by the Court.
SEC. 1877. Court may give relief in case
of mistake.
SEC. 19S. Suing party by fictitious
name.
SEC. 1919. No error or defect to be re-
garded unless it affect substantial
rights.
SEC. 200. Supplemental complaint, m
swer, and reply.
SEC. 1872. No variance between the allie
CATION in pleading and the proof shall
be deemed material, unless it have ac-
tually misled the adverse party, to his
prejudice, in maintaining his action or
defence, upon the merits. Whenever it
shall be alleged that party has been so
misled, that fact shall be proved to the
satisfaction of the Court. and in what re-
spect he has been misled; and thereupon
the Court may order the pleading to be
amended, upon such terms as shall be
just.
SEC. 1913. Where the variance is not
material, as provided in the last Section.
the Court may direct the fact to be found
according to the evidence, or may order
an immediate amendment without costs.
SEC l94. Where, however, the allega-
tlon OF the cause of action or defence to
which the proof is directed is not proved,
no. IN some particular or particulars
only, but in its entire scope and mean
ing, it shall not be deemed Il case of va
rance, within the last two Sections. but
a failure Of proof
SEC: l93. Any pleading may be once
amended by the party OF course. without
costs. and without prejudice to the pro-
ceedings already bad, nt any time within
twenty days after it is served or at any
time before tho period for answering it
expires; or it can be so amended at any
time within twenty days after tho service
OF the answer or demurrer to such plead
ing, unless it be made to appear to the
Court that it was done for the purposes
OF delay, and the plaintiff or defendant
will thereby lose the benefit of circuit
or term for which the cause is or NAV he
noticed; and if it appear to the Court
>e $1,000 NAAASAiNiliGuV WuS ultuO SuCn
purpose, the same may be stricken out,
ana such terms imposed as to the Court
may seem Just. In such case n copy Of
the amended pleading must be served on
the adverse party. After the decision of
demurrer, either mt II general or special
term. the Court may, in its discretion. if
1t appear that tho demurrer was inter
posed in good faith, allow the party TO
plead over upon such terms as NAV be
Just. Ii the demurrer be allowed for the
cause mentioned in the fifth sub division
OF Section one hundred aud sixty-scvcn
the Court may, in its discretion. and
upon such terms rs may be Just, order
the action to be divided into as many
actions rs may be necessary to the pro
per determination Of the causes Of ection
therein mentioned
SEC. 1876. The Court may, before or
after Judgment, inIfurtheranec of ofjustice,
and on such terms as may be proper,
amend any pleading, process of proceed
lng' by adding or striking out the namo
OF any party; or by correcting mistake
IN the name Of party, OF mistake in
any other respect; or by inserting other
allegations material to the case; or, when
tho amendment does not change sub
stantially the claim or defence, BY con.
forming the pleading or proceeding to
the facts proved.
SEC. 197. The Court may likewise, in
It's discretion, and upon s,ich tarp,o oo