McLendon v. City of Columbia
Supreme Court of South Carolina
Before Hon. C. J. Ramage, special Judge, Columbia, Action by Millen H. McLendon, as administrator of the estate of Annie C. McLendon, against City of Columbia. From orders overruling demurrer to complaint and objection to jurisdiction, the defendant appeals.
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Before Hon. C. J. Ramage, special Judge, Columbia, Action by Millen H. McLendon, as administrator of the estate of Annie C. McLendon, against City of Columbia. From orders overruling demurrer to complaint and objection to jurisdiction, the defendant appeals. The demurrer was as follows: Upon the ground that it appears upon the face of the complaint that it does not state facts sufficient to constitute a cause of action. 1. Because it appears upon the face of the complaint that the action is brought by the administrator of the deceased against a municipal corporation to recover damages…
1Opinion of the Court
The opinion of the Court was delivered by
Ms. Justice Gage.
The appeal is from two orders of the Circuit Court.
The administration of justice would have been promoted had the appellant abided a final judgment on the merits; for then, all the issues now made, and others which may be hereafter made, could be settled by one appeal, and no party have suffered.
The plaintiff sues the City of Columbia for the instant death of his wife, under his overturned automobile upon a defective highway of the city.
To a complaint, which alleged the wrong, the defendant demurred. The demurrer will be reported, as…
2Cases cited4 opinions
- In Re Estate of MayoSupreme Court of South Carolina · 1901
- Bennett v. Spartanburg Ry., Gas & Electric Co.Supreme Court of South Carolina · 1914
- Garrick v. Florida Central & Peninsular R. R.Supreme Court of South Carolina · 1898
- All v. County of BarnwellSupreme Court of South Carolina · 1888
3Cited by3 opinions
- MacK Manufacturing Co. v. Mass. Bonding & Ins.Supreme Court of South Carolina · 1915
- Drafts v. State Highway DepartmentSupreme Court of South Carolina · 1927
- Randal v. State Highway DepartmentSupreme Court of South Carolina · 1929