Rankin v. Sievern & Knoxville R. R.
Supreme Court of South Carolina
Before Aldrich, J., Lexington, Action by complaint set out in opinion by L. C. Rankin against Sievern and Knoxville R. R. Co. and Carolina Midland R. R. Co. The decree appealed from is as follows: “This case comes before the Court upon a motion, in the nature of a demurrer, to dismiss the complaint herein upon the grounds that said complaint does not state facts sufficient to constitute a cause of action in said complaint, and the notice of the motion to dismiss the same…
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Before Aldrich, J., Lexington, Action by complaint set out in opinion by L. C. Rankin against Sievern and Knoxville R. R. Co. and Carolina Midland R. R. Co. The decree appealed from is as follows: “This case comes before the Court upon a motion, in the nature of a demurrer, to dismiss the complaint herein upon the grounds that said complaint does not state facts sufficient to constitute a cause of action in said complaint, and the notice of the motion to dismiss the same must be read at this point as a part of this decree. A demurrer admits all the facts properly pleaded in the complaint.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The Circuit Court sustained a demurrer to (or motion to dismiss) the complaint for insufficiency in stating a cause of action. The complaint, which we copy in full, is as follows: “1. That the plaintiff is and was at the times hereinafter stated, the owner in fee of a certain tract or parcel of land, situate in the State and county above named, through which the line of the Sievern and Knoxville Railroad has since been constructed, and that she was at the time and still is residing on said tract of land. 2. That the defendant, Sievern…
2Cited by17 opinions
- Brooker v. SilverthorneSupreme Court of South Carolina · 1919
- Matheson v. American Telephone & Telegraph Co.Supreme Court of South Carolina · 1926
- Turner v. ABC JALOUSIE CO. OF NCSupreme Court of South Carolina · 1968
- Belton v. Wateree Power Co.Supreme Court of South Carolina · 1922
- Granger v. Postal Telegraph Co.Supreme Court of South Carolina · 1905
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