Dallas v. Inman
Supreme Court of South Carolina
Before Mauldin, J., York, Action by W. T. Dallas and others against Claud Inman and others. From an order at chambers sustaining demurrer to complaint and refusing temporary injunction, plaintiffs appeal. submit: The notice of motion to vacate restraining order, and return to order to show cause did authorize order dismissing complaint. The relief went beyond that demanded in notice: 19 S. C. 294. It controverted allegations of complaint, and was not a demurrer: Code Civ.
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Before Mauldin, J., York, Action by W. T. Dallas and others against Claud Inman and others. From an order at chambers sustaining demurrer to complaint and refusing temporary injunction, plaintiffs appeal. submit: The notice of motion to vacate restraining order, and return to order to show cause did authorize order dismissing complaint. The relief went beyond that demanded in notice: 19 S. C. 294. It controverted allegations of complaint, and was not a demurrer: Code Civ. Proc., sec. 197; 18 S. C. 584; 45 S. E. 174. Sufficiency on demurrer: 51 S. C. 506. Order sustaining demurrer final…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an action for injunction. A temporary restraining order was issued by his Honor, Judge Mauldin, and a rule to show cause as issued by him returnable at his chambers at Eancaster, S. C. The defendants demurred to the complaint. The matter was heard by his Honor at chambers, who filed an order sustaining the demurrer refusing the tern porary order of injunction and dismissing the complaint. All of this was done by his Honor at chambers. • From this order plaintiffs appeal.
Exceptions raise the point, among others, that the Court…
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