Duncan v. E. Jones Co.
Supreme Court of South Carolina
Before DeVorE, J., Lexington, June, 1908. Action by Walter C. Duncan against E. Jones Company. From order overruling demurrer, defendant appeals. cite: Two or more causes of action should not be stated together: 35 S. C., 475, 501; 37 S. C., 199; see. i86a, Code of Procedure, does not permit jumbling together of causes of action for malicious prosecution, false arrest, and assault and battery: 81 S. C., 320; 73 S. C., 271. Demurrer proper remedy: Sec. 165, sub. 5, Code of…
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Before DeVorE, J., Lexington, June, 1908. Action by Walter C. Duncan against E. Jones Company. From order overruling demurrer, defendant appeals. cite: Two or more causes of action should not be stated together: 35 S. C., 475, 501; 37 S. C., 199; see. i86a, Code of Procedure, does not permit jumbling together of causes of action for malicious prosecution, false arrest, and assault and battery: 81 S. C., 320; 73 S. C., 271. Demurrer proper remedy: Sec. 165, sub. 5, Code of Proc.; 9 S. C., 277; 13 S. C., 317; 24 S. C., 39; 47 S. C., 211; 70 S. C., 89. cite: Demurrer not remedy: Code of Proc.,…
1Opinion of the Court
The opinion of the Court was delivered by. Mr. Justice Gary.
This is.an appeal from an order, overruling a demurrer to the complaint, on the ground that several causes of action, have been improperly united.
His Honor, the presiding Judge, ordered “that the demurrer be overruled, for the reason that the complaint, appears to state several causes of action, jumbled in one.”
The allegations are set forth, in form as a single cause of action, and the ruling of the Circuit Judge is sustained by the case of Marion v. Charleston, 68 S. C., 257, 47 S. E., 140.
Appeal dismissed.
2Cases cited1 opinion
- Marion v. City CouncilSupreme Court of South Carolina · 1904
3Cited by1 opinion
- Ryder v. Jefferson Hotel CompanySupreme Court of South Carolina · 1922