Long v. Hunter, Pearce & Battey
Supreme Court of South Carolina
Before Gage, J., Hampton, Action by M. K. Long against John FI. Hunter, Win. K. Pearce and F. C. Ba-ttey, copartners under name of Hunter, Pearce & Battey.
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Before Gage, J., Hampton, Action by M. K. Long against John FI. Hunter, Win. K. Pearce and F. C. Ba-ttey, copartners under name of Hunter, Pearce & Battey. From judgment on verdict for plaintiff, defendants appeal. cites: Special damages must be pleaded: 9 S. E. R., 733; 3 Strob., 373. The former cites: Questions raised by second demurrer res judicata: 51 S. C., 33. Alleged errors by prior Judge not before Court, because no notice of appeal or exceptions were served thereto at time of rendition: 30 S. C., 450; Code, 11.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary,
The complaint herein contains four causes of action, the first of which is as follows: Paragraph ■ 1 of the complaint alleges the partnership of the defendants. Paragraph 2 alleges that the plaintiff and J. C. Smith, then doing business under the firm name of Long & Smith, on the 13th of January, 1893, executed a mortgage in favor of the defendants on certain real and personal property therein mentioned, to secure the payment of $1,055.86, to be advanced to the said Long & Smith by the defendants during that year. The other paragraphs…
2Cited by4 opinions
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