Wichman v. Scarpa
Supreme Court of South Carolina
Before Memminger, J., Charleston, Action by August Wichman v. Mary Scarpa, Jane Barton, Paul Scarpa, Barton Scarpa, Mary Bilbro, May Patrick, Rheta Scarpa and Edward Scarpa, the last named being a minor over the age of fourteen years. From an order requiring the plaintiff to make his complaint more definite and certain, he appeals.
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Before Memminger, J., Charleston, Action by August Wichman v. Mary Scarpa, Jane Barton, Paul Scarpa, Barton Scarpa, Mary Bilbro, May Patrick, Rheta Scarpa and Edward Scarpa, the last named being a minor over the age of fourteen years. From an order requiring the plaintiff to make his complaint more definite and certain, he appeals. The facts are stated in the opinion. submits: Order involves merits and is appealable even before final judgment: 52. S. C. 584; 60 S. C. 526; 65 S. C. 222; 93 S. C. 556. Order does not specify in what particulars the complaint is to be amended: 48 S. C. 179. This…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
■ Plaintiff states his cause of action in eleven paragraphs of his complaint, which are, in substance, as follows, except the eleventh, which is copied in full. Pie alleges:
1.-That he is, and since-1889 has been, seized and possessed of a certain lot. in the city of Charleston, which is described.
2. That, in 1901, Paul Scarpa, the’elder, and Jane Barton erected on their adjoining lot a building whose eaves and gutters overhang His lot. .
T. That, in 1911, the gutters leaked and threw the water from their roof upon his lot and fence,…
2Cases cited4 opinions
- Bolin v. Southern Ry. Co.Supreme Court of South Carolina · 1903
- Hawkins v. WoodSupreme Court of South Carolina · 1901
- Pickett v. Fidelity & Casualty Co.Supreme Court of South Carolina · 1898
- Bell v. JacksonSupreme Court of South Carolina · 1913
3Cited by3 opinions
- Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
- Ford v. Atlantic Coast Line R.Supreme Court of South Carolina · 1932
- Raftelis v. Bank of GeorgetownSupreme Court of South Carolina · 1917