¶1But the court, all the judges present, confirmed the determination of the judge at chambers, and agreed that leave to plead double, pursuant to the stat. 4 An.c. 16, for amendment of the law, must be granted in open court, and cannot be given by a judge at chambers. See Comp. Prac. 1 vol. p. 171, sec. 4. And refused the motion for leave to plead the plea required, as all original notions must be first decided in a district court, and ought never to be decided upon it in this court, but upon appeal.
3 S.C.L. 198
Fraser v. McLeod
Supreme Court of South Carolina
Decided November 15, 1802
Supreme Court of South Carolina · decided 1802-11-15
f In this case a motion had been made in the vacation, after May term, 1802, in Charleston district, before Trezevant, J.. at his chambers, for leave to withdraw a plea of ralease, which had been authorized to be pleaded, together with Hon assumpsit, and substitute the statute of limitations under the leave to plead double.
Decided 1802-11-15