Guess & Glover v. Southern Ry.
Supreme Court of South Carolina
Before Aldrich, J., Hampton, October, 1905. Action by Guess & Glover against Southern Railway. From order striking out certain allegations of complaint as irrelevant, plaintiffs appeal. Mr. Bostick cites: Notice of motion not in proper forme Pearce v. Battey, 48 S. C.; 44 S. C., 143. Distinction between actions on contract and actions arising out of contract: 25 S. C., 71; 31 S. C., 52; 71 S’. C., 82, 811; Martin v. Ry., 70 S. C.; 5 Ency.
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Before Aldrich, J., Hampton, October, 1905. Action by Guess & Glover against Southern Railway. From order striking out certain allegations of complaint as irrelevant, plaintiffs appeal. Mr. Bostick cites: Notice of motion not in proper forme Pearce v. Battey, 48 S. C.; 44 S. C., 143. Distinction between actions on contract and actions arising out of contract: 25 S. C., 71; 31 S. C., 52; 71 S’. C., 82, 811; Martin v. Ry., 70 S. C.; 5 Ency. P. & P., 740; 741, 756, 761, 762. In actions for punitive damages, all surrounding circumstances may be proved!.: 57 S. C., 325; 65 S. C., 93, 430, 502; 68…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The defendant’s attorney made a motion to require the plaintiffs to make their complaint definite and certain, and to strike out certain allegations as irrelevant and redundant, whereupon his Honor, the Circuit Judge, granted the following order:
“A motion having been made in the above stated action for an order requiring plaintiffs in the above stated cause to make their complaint more definite and certain, and to strike out as irrelevant and redundant certain portions of paragraph IV. of said complaint; after hearing argument of…
2Cited by5 opinions
- Williams v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- Matheson v. Southern Ry.Supreme Court of South Carolina · 1908
- Strange v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1907
- Kolb v. Southern Ry.Supreme Court of South Carolina · 1908
- Trammell v. Eastern Air LinesDistrict Court, W.D. South Carolina · 1955