Lookout Mountain Medicine Co. v. Hare & Co.
Supreme Court of South Carolina
Before Buchanan, J., Lexington, June, 1899. Action on account by Lookout Mountain Medicine Co. against W. A. Hare & Co. in magistrate court.
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Before Buchanan, J., Lexington, June, 1899. Action on account by Lookout Mountain Medicine Co. against W. A. Hare & Co. in magistrate court. From order of Circuit Judge sustaining defendants’ appeal from magistrate, plaintiff appeal's on following exceptions : 1. Because the Court erred in holding that the magistrate should have sustained the defendants’ demurrer to the summons and complaint in said case, in that it did not state that plaintiff is a corporation, partnership or individual, and such omission destroys the capacity of plaintiff herein to maintain its action and destroys the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
The following statement appears in the “Case” as prepared for argument here: “This is an action by the plaintiff against the defendants in the magistrate’s court for the recovery of $30.88 for medicines sold and delivered to1 defendants. The defendants demurred to the proceeding for the reason that it does not appear by the summons and complaint 'that the plaintiff is a corporation, partnership or individual, and such omission destroys the capacity of said plaintiff herein to maintain its action, and' destroys the jurisdiction…
2Cited by6 opinions
- Marvil Properties v. Fripp Island Development Corp.Supreme Court of South Carolina · 1979
- Holladay v. HodgeSupreme Court of South Carolina · 1909
- L. D. Riley & Son v. Southern Ry.Supreme Court of South Carolina · 1908
- Flowers v. StateSupreme Court of Florida · 1943
- L. D. Riley & Son v. Southern Ry.Supreme Court of South Carolina · 1908
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