Legal Opinion

Tompkins v. Augusta, &c., Railroad

Supreme Court of South Carolina

Decided October 21, 1892PublishedCited by 7 opinions

Before Aldrich, J., Edgefield, November, 1891. This was an action by Stephen S. Tompkins and others against the Augusta and Knoxville Railroad Company, and its lessee, the Port Royal and Augusta Railway Company, for the recovery of two strips of land. The opinion states the case, but see 33 S. C., 216.

1Opinion of the Court

The opinion of the court was delivered by

Mr. Chief Justice McIvek.

The appeal in this case presents the general question, whether the Circuit Judge erred in overruling a demurrer based upon the ground, that the complaint does not state facts sufficient to constitute a cause of action. For a proper solution of this question, it will be necessary to set out only so much of the complaint, which is for the purpose of recovering possession of real estate, as is claimed to be defective, omitting those portions of the complaint which are either formal in their character or do not throw any light upon…

2Cited by7 opinions

  1. Webber v. Town of JonesvilleSupreme Court of South Carolina · 1913
  2. Matheny v. City of AikenSupreme Court of South Carolina · 1904
  3. Ingleside Mfg. Co. v. Charleston Light & Water Co.Supreme Court of South Carolina · 1907
  4. Ellison v. Greenville, Spartanburg & Anderson Railway Co.Supreme Court of South Carolina · 1913
  5. Keenan v. Broad River Power Co.Supreme Court of South Carolina · 1931

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