Legal Opinion

Smith v. Smith

Supreme Court of South Carolina

Decided July 13, 1897PublishedCited by 20 opinions

Before Watts, J., Chesterfield, January, 1897. Action by Caroline Smith against George W. Smith, on the following complaint: I. That on the 27th day of December, A. D. 1895, in the county and State aforesaid, she was duly and legally married to the defendant, George W. Smith. II. That at the time of such marriage, and at times hereinafter mentioned, both this plaintiff and the defendant were, and are now, domiciled in and actual inhabitants of Chesterfield County, S. C. III.

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Before Watts, J., Chesterfield, January, 1897. Action by Caroline Smith against George W. Smith, on the following complaint: I. That on the 27th day of December, A. D. 1895, in the county and State aforesaid, she was duly and legally married to the defendant, George W. Smith. II. That at the time of such marriage, and at times hereinafter mentioned, both this plaintiff and the defendant were, and are now, domiciled in and actual inhabitants of Chesterfield County, S. C. III. That since the said marriage, except at the times hereinafter mentioned, the defendant and this -plaintiff lived…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

In order to understand clearly the facts of this case, it will be necessary to set out in the report of the case the complaint, the notice of motion, the order of his Honor, Judge Watts, and the exceptions to the said order.

The exceptions raise practically but three questions, to wit: 1st. Was there error on the part of the Circuit Judge in refusing to strike out various allegations in the complaint because they were irrelevant, redundant, evidentiary, and mere surplusage? 2d. Was the Circuit Judge in error in refusing to require the…

2Cited by20 opinions

  1. Kirton v. HowardSupreme Court of South Carolina · 1926
  2. Scheper v. ScheperSupreme Court of South Carolina · 1923
  3. Germofert Mfg. Co. v. CastlesSupreme Court of South Carolina · 1914
  4. Hollifield v. KellerSupreme Court of South Carolina · 1961
  5. Burkhalter v. TownsendSupreme Court of South Carolina · 1927

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