Mims v. Garvin
Supreme Court of South Carolina
Before Rice, J., Barnwell, July, 1916. Action by R. R. Mims against R. S. Garvin and another. From a judgment for defendants, plaintiff appeals, on the following exceptions: (1) Because the Court below erred in sustaining the demurrer of the defendants, in this: (a) A demurrer can only go to the complaint, and the complaint in this case, having alleged that the defendant, Garvin, was owing plaintiff $61 for hauling lumber, stated a cause of action irrespective of any…
Read the full summary
Before Rice, J., Barnwell, July, 1916. Action by R. R. Mims against R. S. Garvin and another. From a judgment for defendants, plaintiff appeals, on the following exceptions: (1) Because the Court below erred in sustaining the demurrer of the defendants, in this: (a) A demurrer can only go to the complaint, and the complaint in this case, having alleged that the defendant, Garvin, was owing plaintiff $61 for hauling lumber, stated a cause of action irrespective of any irregularity of the attachment proceedings, and his Honor erred in holding that the magistrate was without jurisdiction. (2)…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This action was commenced in a magistrate’s Court. The plaintiff, after alleging in his complaint that the defendant, Garvin, was indebted to him in the sum of $61, further alleged:
“That plaintiff claims a lien on said property of the defendant to the amount of $61, and he is informed and believes that the defendant is about to secrete, dispose of and ship out of the State the said property, with intent to defraud his creditors, to wit, loading lumber on Southern Railway cars. This plaintiff demands judgment in. the sum of $61,…
2Cases cited2 opinions
- Brewton v. ShirleySupreme Court of South Carolina · 1913
- Fitzgerald v. J. I. Case Threshing MacHine Co.Supreme Court of South Carolina · 1913
3Cited by2 opinions
- Thompson v. Queen City Coach Co., Inc.Supreme Court of South Carolina · 1933
- State v. SullivanSupreme Court of South Carolina · 1923