Legal Opinion

Holman v. Ashley

Supreme Court of South Carolina

Decided February 23, 1894PublishedCited by 2 opinions

Before Izlar, J., Barnwell, September, 1893. Action by the executors and a legatee under the will of William Ashley, the elder, against L. A. Ashley, committee, and the administrator de bonis non and inheritors of the estate of Joseph Ashley.

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice Pope.

The appeal raises but a single question : Was it error to dismiss the complaint on the ground that it failed to state facts sufficient to constitute a cause of action? This demnrrer, for the purposes thereof, admits as true all the *422facts stated in the complaint, but denies that a cause of action is pleaded in such facts.

1 It scarcely need be stated that a cause of action exists when the rights of one party have been invaded by another; and unless facts, to show the existence and the invasion of those rights are stated in the complaint,…

2Cited by2 opinions

  1. Schmid v. First Camden National Bank, C., Co.New Jersey Superior Court Appellate Division · 1941
  2. Rippel v. KaplusNew Jersey Court of Chancery · 1938

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