Warner v. Rudnick

Cureton, Judge:

This is a libel action. In proceedings below, the appellant, Harold Rudnick, demurred to the complaint of the respondent, Carrol Warner, on the ground that it failed to state facts sufficient to constitute a cause of action. The trial court overruled the demurrer and Rudnick appeals. We reverse.

In passing upon a demurrer, this Court is limited to a consideration of the pleadings under attack. Costas v. Florence Printing Company, 237 S. C. 655, 118 S. E. (2d) 696 (1961). All of the factual allegations of the complaint that are properly pleaded are, for the purpose of the…