De Reuck v Christy [1914] ZATPD 112 (30 October 1914)

Peremption.-Acquiescence.-Exception to summons .-Amendment
after exception upheld.-lntention to appeal.

In an action for damages for breach of contract the magistrate upheld the defendant's exception to the summons. The plaintiff thereupon applied for an amendment of the summons, and the magistrate, with the consent of the defendant, granted the application and took down the amendment, the defendant
being awarded the costs of the day. The case was then set down
for hearing on a certain date, and at the request of the plaintiff a day was fixed for the filing of the defendant's plea. Meanwhile the plaintiff appealed against the magistrate's judgment in upholding the exception. Held, that as the application for amendment was inconsistent with a continued intention
to appeal on the part of the plaintiff, the appeal liad been perempted. Hlatshwayo v. Mare and Dea~ (1912, A.D. 253) applied.