Board of Directors v. Lowrance
Supreme Court of South Carolina
Before Memminger, J., Richland, Spring term, 1918. Action by the Board of Directors, etc., against Elizabeth G. Lowrance and others. From order overruling defendant’s named demurrer, defendant named appeals. Following are the exceptions for appeal: That the presiding Judge erred in overruling defendant’s demurrer to the complaint and in not sustaining same upon the several grounds therein stated: First.
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Before Memminger, J., Richland, Spring term, 1918. Action by the Board of Directors, etc., against Elizabeth G. Lowrance and others. From order overruling defendant’s named demurrer, defendant named appeals. Following are the exceptions for appeal: That the presiding Judge erred in overruling defendant’s demurrer to the complaint and in not sustaining same upon the several grounds therein stated: First. That he erred in not sustaining the defendant’s first general ground of demurrer that the complaint fails to show any equity and in not dismissing the said complaint thereunder because: (1)…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chirr Justice Gary.
This is an action to set aside certain conveyances for fraud.
1 The appeal is from an order overruling a demurrer to the complaint, on the grounds stated in the exceptions, which will be reported. A complaint is not subject to demurrer if it contains allegations entitling the plaintiff to relief, either on the law or the equity side of the Court.
The principal ground upon which, it seems, the defendants rely, is that the plaintiff has not exhausted its legal remedies, as there are no allegations in the complaint to the effect that…
2Cases cited6 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Metcalf v. BarkerSupreme Court of the United States · 1902
- Pickens v. RoySupreme Court of the United States · 1902
- Logan v. Atlanta & Charlotte Air Line R. R.Supreme Court of South Carolina · 1909
- Hill v. HillSupreme Court of South Carolina · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Board of Directors of Theological Seminary v. LowranceSupreme Court of South Carolina · 1923
- Tolbert v. Greenwood Cotton MillSupreme Court of South Carolina · 1948
- Blassingame v. Greenville CountySupreme Court of South Carolina · 1926
- Southern Railway Co. v. Swift & Co.Supreme Court of South Carolina · 1930