Weatherly v. Covington
Supreme Court of South Carolina
Before Watts, J., Marion, April, 1896. Action by Caroline Weatherly against T. C. Covington and Robert Webster, constable, for possession of certain personal property held by the. constable. Defendants demurred upon the ground that the complaint does not state facts sufficient to constitute a cause of action, and submitted three specifications, all of which were overruled by Circuit Judge in a short order. Defendants appeal.
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Before Watts, J., Marion, April, 1896. Action by Caroline Weatherly against T. C. Covington and Robert Webster, constable, for possession of certain personal property held by the. constable. Defendants demurred upon the ground that the complaint does not state facts sufficient to constitute a cause of action, and submitted three specifications, all of which were overruled by Circuit Judge in a short order. Defendants appeal. No citation on point decided. cite: On point decided: 30 S. C., 170; 43 S. C., 99; 44 S. C., 484, 364, 335; 46 S. C., 184; 47 S. C., 78.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The complaint in this case was for the recovery of the possession of personal property, and *56damages for unlawful taking and detention thereof. A demurrer was interposed, on the ground that the complaint did not state facts sufficient to constitute a cause of action, which was overruled by the Circuit Court.
Appellants except thereto as follows: “Because it is respectfully submitted that his Honor, Judge Watts, erred in overruling the demurrer to plaintiff’s complaint, thereby holding that it stated facts sufficient to constitute a…
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