Legal Opinion

Capell v. Shuler

Supreme Court of South Carolina

Decided September 7, 1916No. 9498PublishedCited by 3 opinions

Before Bowman, J., Sumter, April, 1915. Action by J. S. Capell' against W. A. Shuler and others. From an adverse order, plaintiff appeals. The order and the complaint are as follows: Order.

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Before Bowman, J., Sumter, April, 1915. Action by J. S. Capell' against W. A. Shuler and others. From an adverse order, plaintiff appeals. The order and the complaint are as follows: Order. A demurrer to the complaint herein upon due notice having been heard before me, and after argument of counsel for and against the demurrer it appearing on face of the complaint that different causes of action are set-up therein against several defendants who are in nowise jointly concerned in these several causes of action — that is to say, a failure of identity between the parties concerned in the…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from an order of Judge Bowman sustaining a demurrer and dismissing the complaint in the cause. Judge Bowman’s order gives the grounds and his reasons for the same, and should be set out in the report of the case. The plaintiff appeals and by six exceptions complains of error on the part of his Honor. These exceptions challenge his conclusions, and need not be taken up separately.

By reference to the complaint it will be found that the action was against W. A. Shuler primarily for an unlawful trespass in entering the…

2Cited by3 opinions

  1. Little v. Robt. G. Lassiter & Co.Supreme Court of South Carolina · 1930
  2. Robinson v. McMasterSupreme Court of South Carolina · 1918
  3. Hollingsworth v. HollingsworthSupreme Court of South Carolina · 1964

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