Trump v. Mikell
Supreme Court of South Carolina
Before Bowman, J., Columbia, October, 1915. Action by Nelson W. Trump against P. V. Mikell and others. From an order striking out certain allegations of the answer and from an order of reference to the master, the named defendant appeals. submits: The Code Civ. Proc., sec. 210, authorizes the striking out of irrelevant or redundant matter.
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Before Bowman, J., Columbia, October, 1915. Action by Nelson W. Trump against P. V. Mikell and others. From an order striking out certain allegations of the answer and from an order of reference to the master, the named defendant appeals. submits: The Code Civ. Proc., sec. 210, authorizes the striking out of irrelevant or redundant matter. Where the matters set out in the pleadings contain no essential to the cause of - action or a defense to it, it can and should be stricken out; and in such cases only: 97 S. C. 393-4; 73 S. C. 29; 100 S. C. 420; 98 5. C. 160. Allegation of a mere conclusion…
1Opinion of the Court
July 15, 1916. The opinion of the Court was delivered by This is an appeal by the defendant, P.V. Mikell, from an order striking out certain allegations of his answer, on the ground of irrelevancy; also from an order referring all issues of law and fact to the master.
The action is to foreclose a mortgage on a certain lot of land, executed by the defendant, L.B. Owens, in favor of the plaintiff. Subsequently the defendant, L.B. Owens, conveyed the lot to the defendants, T.F. Dial and O.P. Loyal. They conveyed to the defendant, H.A. Taylor. He conveyed to the defendant, H.N. Edmunds, and he…
2Cases cited7 opinions
- Windham v. HowellSupreme Court of South Carolina · 1907
- Ferguson v. HarrisonSupreme Court of South Carolina · 1891
- E. A. Beall Co. v. WestonSupreme Court of South Carolina · 1909
- Green v. McCarterSupreme Court of South Carolina · 1902
- Bouland v. CarpinSupreme Court of South Carolina · 1887
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