Matthews v. Monts
Supreme Court of South Carolina
Before Benet, J., Newberry, October, 1900. Complaint to foreclose mechanic’s lien by Wilson and Mathews against J. Ed. Monts. From order overruling demurrer to complaint, defendant appeals. cite: Complaint must stand by its own allegations: 59 S. C., 258. Failure to allege that action was commenced within six months from ceasing to furnish material is a defect fatal on demurrer: Rev. Stat., 2471; Code, ill, 112; 13 Ency., 1 ed., 703, 688; 13 Ency.
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Before Benet, J., Newberry, October, 1900. Complaint to foreclose mechanic’s lien by Wilson and Mathews against J. Ed. Monts. From order overruling demurrer to complaint, defendant appeals. cite: Complaint must stand by its own allegations: 59 S. C., 258. Failure to allege that action was commenced within six months from ceasing to furnish material is a defect fatal on demurrer: Rev. Stat., 2471; Code, ill, 112; 13 Ency., 1 ed., 703, 688; 13 Ency. P. & P., 977; 15 Ency., 1 ed., 157; Pom. Rem. & Rem. Rights, 2 ed., 495. Complaint must allege that the “statement” contained a description of the…
1Opinion of the Court
The opinion of the Court was delivered 'by
Mr. Justice Jones.
This appeal is from an order, overruling a demurrer to "a complaint to foreclose a mechanic’s lien. The demurrer was as follows :
“The'said complaint does not state facts sufficient to constitute a cause of action :
“1. In that it is not alleged in the complaint that this action was commenced within six months after the plaintiffs ceased to labor or furnish material for said building.
“2. In that no description of the property is alleged to have been given in the ‘statement’ filed in the clerk’s office, May 21st, 1898.
“3. In that it is…
2Cited by5 opinions
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- Dixon v. RoesslerSupreme Court of South Carolina · 1905
- Cauthen v. Green & HinesSupreme Court of South Carolina · 1908