George Norris Co. v. S. H. Levin's Sons
Supreme Court of South Carolina
Before Klugh, J., Richland, December, 1907. Action by The George Norris Company against S. H. Levin’s Sons. Prom orders refusing to vacate attachment and to set aside service of summons, defendant appeals. cite: The complaint and affidavit are not sufficiently definite and certain: 10 S. C., 469; 21 S. C., 583; 28 S. C., 184. This action can only be maintained against a corporation: 6 S. C., 169; and that allegation being in alternative, complaint is subject to demurrer: 36…
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Before Klugh, J., Richland, December, 1907. Action by The George Norris Company against S. H. Levin’s Sons. Prom orders refusing to vacate attachment and to set aside service of summons, defendant appeals. cite: The complaint and affidavit are not sufficiently definite and certain: 10 S. C., 469; 21 S. C., 583; 28 S. C., 184. This action can only be maintained against a corporation: 6 S. C., 169; and that allegation being in alternative, complaint is subject to demurrer: 36 S. C., 28; 15 S. C., 128; 12 S. C., 8. cites: Objections raised should be made by answer or demurrer: 4 Cyc., 784; 31…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
By the terms of a summons served in this case the defendant was required to serve a copy of his answer upon Hunter A. Gibbes, as attorney for plaintiff, at his office in the city of Columbia, S. C.
The following is the complaint:
“The plaintiff above named, complaining of the defendant herein, alleges:
1. “That the plaintiff, The George R. Norris Company, is now, and at the times hereinafter mentioned was, a corporation, organized and chartered under the laws of the State of South Carolina, and doing business in the city of…
2Cited by3 opinions
- The J.W. Copeland Co. v. BrownSupreme Court of South Carolina · 1916
- Foti v. Orleans Parish School Bd.Louisiana Court of Appeal · 1978
- Moore v. McElrathSupreme Court of South Carolina · 1924