Tisdale v. Kingman
Supreme Court of South Carolina
Before Fraser, J., Sumter, This was an action by George W. Tisdale against C. W. King-man and George L. Kingman, copartners trading under the firm name of Kingman & Co., commenced January 28, 1890. The opinion states the case.
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Before Fraser, J., Sumter, This was an action by George W. Tisdale against C. W. King-man and George L. Kingman, copartners trading under the firm name of Kingman & Co., commenced January 28, 1890. The opinion states the case. To sustain plaintiff’s first exception, he submits that such allegation was not necessary in such action. 16 S. C., 896; 8 Ohio St., 548. In actions for malicious prosecution on the criminal side of the court, the complaint must allege that the prosecution is at an end; because in a criminal prosecution the very question of probable cause is to some extent involved;…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
This being an appeal from an order of his honor, Judge Eraser, sustaining a demurrer upon the ground that the complaint fails to state facts .sufficient to constitute a cause of action, it is proper to state first the substantial allegations of the complaint. The first allegation is as to the copartnership of defendants. 2nd. That plaintiff gave to defendants an agricultural lien on his crops to secure the-payment of supplies to be advanced to him to an amount not exceeding the sum of two hundred and twenty-five dollars. 3rd. That…
2Cited by3 opinions
- Crews v. MayoCalifornia Supreme Court · 1913
- Medlin v. Southern Railway.Supreme Court of South Carolina · 1928
- Coker & Co. v. BarfieldSupreme Court of South Carolina · 1906