Cave v. Gill
Supreme Court of South Carolina
Before Hudson, special Judge, Barnwell, March, 1900. Action on account by T. M. Cave against W. V. Gill. From Circuit order overruling demurrer, defendant appeals. cites on main question: Code, 163; 18 S. C., 469; 33 S. C., 216; 5 S. C., 5; 35 S. C., 307; 28 S. C., 388; 34 S. C., 62; 7 N. Y., 478; 10 N. Y., 363; 8 How., 85. Pleadings must be construed strongly against the pleader: 12 S. C., 1, 576; 25 S. C., 123; 37 S. C., 520. No argument.
1Opinion of the Court
The opinion of the. Court was delivered by .
Mr. Justice Gary.
The appeal herein is from an order, overruling a demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The following is a copy of the complaint, to wit: “The complaint of the above named complainant respectfully shows that the defendant above named is indebted to the plaintiff for brick sold and delivered by the plaintiff to the defendant in the sum of $605.45, as appears by itemized account verified, hereunto annexed as a part of the complaint, and refuses to pay same;…
2Cases cited1 opinion
- Mayor of Los Angeles v. SignoretCalifornia Supreme Court · 1875
3Cited by4 opinions
- Hilton v. Southern Ry. Co.District Court, W.D. South Carolina · 1937
- Dixon v. RoesslerSupreme Court of South Carolina · 1905
- Nichols v. MontgomerySupreme Court of South Carolina · 1904
- Cauthen v. Green & HinesSupreme Court of South Carolina · 1908