27 S.C. 621 | S.C. | 1887
OPINION by
At the close of the evidence, defendant offered to prove that there was a failure of consideration in the note. The judge ruled that he could not do so under his general denial. Defendant then moved for leave to amend his answer. This was refused, the judge saying: “If you had made this motion at the first calling of the docket, or even this morning, stating the reason why, or indicated that you were disabled, I would have seen my way clear to have indulged it; but now, after the case has gone to the jury, it seems to me on the spur of the moment, I should have no hesitation at all.”
On appeal by defendant, this court approved and affirmed the above rulings.