Peeples v. Orkin Exterminating Co.

Taylor, Chief Justice.

Respondent, D. I. Peeples, a resident of Hampton County, instituted this action against Appellant, Orkin Exterminating Co., Inc., in the Court of Common Pleas for Hampton County.

Appellant moved for a change of venue and filed a demurrer to the complaint on the grounds that it improperly united a cause of action ex delicto with a cause of action ex contractu. After both parties submitted affidavits and argued the above motions, Judge William L. Rhodes, Jr., by Order dated August 31, 1963, overruled the demurrer and refused the motion for change of venue. This appeal is…