Wright v. Willoughby
Supreme Court of South Carolina
Before Hyd-rick, J., Florence, Action by Winslow Wright against T. C. Willoughby, as an individual and as trustee, James N. Willoughby et al. From judgment for plaintiff, defendant appeals. Mr. Clayton cites: Demurrer as to misjoinder of actions should have been sustained: 2 S. E. R., 393. Demurrer that second cause of action does not state a cause of action should have been sustained: Pom.
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Before Hyd-rick, J., Florence, Action by Winslow Wright against T. C. Willoughby, as an individual and as trustee, James N. Willoughby et al. From judgment for plaintiff, defendant appeals. Mr. Clayton cites: Demurrer as to misjoinder of actions should have been sustained: 2 S. E. R., 393. Demurrer that second cause of action does not state a cause of action should have been sustained: Pom. Rem., sec. 575; 15 S. C., 28; 12 S. C., 8. cite: Demurrer will not lie for misjoinder of parties: 27 S. C., 3Í8. That complaint does not show on its face that court has jurisdiction can not be raised by…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
In this suit plaintiff alleges, as a first cause of action, title to the tract of land described in the complaint and his right to recover possession from the defendant; and, as a second cause of action, that “on or about the 22d day of February, 1904, while 'he was in the quiet and peaceable possession of said piece or parcel of laud, 'having the same inclosed by a' substantial plank fence, the defendants, in a -high-handed manner and with great show of force, and with a multitude of people acting as their agents, the defendant T. C.…
2Cases cited8 opinions
- Coates & Sons v. EarlySupreme Court of South Carolina · 1896
- Lowry v. JacksonSupreme Court of South Carolina · 1887
- State ex rel. Bettman v. HarnessWest Virginia Supreme Court · 1896
- Harman v. HarmanSupreme Court of South Carolina · 1899
- Dubose v. KellSupreme Court of South Carolina · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Rio Bravo Oil Co. v. WeedTexas Supreme Court · 1932
- Ezell v. RitholzSupreme Court of South Carolina · 1938
- Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
- Cuneo v. Champlin Refining Co.Supreme Court of Oklahoma · 1936
- Oxman v. ProfittSupreme Court of South Carolina · 1962
12 more not listed; retrieve them via the Exa API.