Legal Opinion

Ellett Brothers, Inc. v. Manos

Supreme Court of South Carolina

Decided November 16, 1977No. 20542PublishedCited by 8 opinions

1Opinion of the Court

Gregory, Justice:

This appeal is from the order of the lower court sustaining respondent’s demurrer to appellant’s complaint on the ground the complaint does not state facts sufficient to constitute a cause of action against Angelo B. Manos individually. We reverse.

On appeal from an order sustaining a demurrer, this Court’s review is limited to the allegations stated in the complaint, which are assumed to be true. Herndon v. Wright, 257 S. C. 98, 184 S. E. (2d) 444 (1971). This excludes from consideration respondent’s right to relief from liability on grounds which are in the nature of an…

2Cases cited4 opinions

  1. Baldwin v. SandersSupreme Court of South Carolina · 1976
  2. Herndon v. WrightSupreme Court of South Carolina · 1971
  3. Meadors v. South Carolina Medical Ass'nSupreme Court of South Carolina · 1976
  4. Lanham v. JenningsSupreme Court of South Carolina · 1922

3Cited by8 opinions

  1. Glass v. GlassSupreme Court of South Carolina · 1981
  2. Kinsey Construction Co. v. South Carolina Department of Mental HealthSupreme Court of South Carolina · 1978
  3. Moultis v. DegenSupreme Court of South Carolina · 1983
  4. Stalheim v. DoskocilSupreme Court of South Carolina · 1979
  5. Bobo Brothers, Inc. v. South Carolina Tax CommissionSupreme Court of South Carolina · 1978

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