Ogilvie v. Smith

OxNER, Justice.

This is an appeal by defendant from a general order of reference. The Court below held that the action was one in equity. Defendant challenges this construction and asserts that the complaint only states legal causes of action upon which he is entitled to trial by jury.

Two causes of action are separately stated in the complaint. In both it is alleged that plaintiff, a widow, conducted a lodging house in the City of Charleston, where in 1948 the defendant, an employee of the Atlantic Coast Line Railway Company, occupied a room for approximately four months and during that period…