Legal Opinion

Riggs v. Home Mutual Fire Protection Ass'n

Supreme Court of South Carolina

Decided August 22, 1901PublishedCited by 13 opinions

Before Watts, J., Dorchester, May term, 1900. Action on insurance policy by O. R. Riggs against the Home Mutual Fire Protection Association of South Carolina, on the following complaint: “The plaintiff above named, complaining of -the defendant, above named, alleges: “I. That the defendant at the times hereinafter mentioned was, and now is, a corporation duly created under and by virtue of the laws of the State of South Carolina, and as such can sue and be sued, plead and be…

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Before Watts, J., Dorchester, May term, 1900. Action on insurance policy by O. R. Riggs against the Home Mutual Fire Protection Association of South Carolina, on the following complaint: “The plaintiff above named, complaining of -the defendant, above named, alleges: “I. That the defendant at the times hereinafter mentioned was, and now is, a corporation duly created under and by virtue of the laws of the State of South Carolina, and as such can sue and be sued, plead and be impleaded in the Courts of this State and the United States. “II. That by virtue of the authority granted it through…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice McIvEr.

This is an appeal from an order sustaining a demurrer to the complaint based upon the ground that it does not state facts sufficient to constitute a cause of action. The “Case” contains the following state ment: “A demurrer was interposed as set out in the ‘Case,’ and duly served on plaintiff’s attorneys, who returned the same the next day with the following indorsement: ‘Returned because demurrer does not state wherein the complainant is insufficient’ (signed by plaintiff’s attorneys).” The case was heard 'by his Honor, Judge…

2Cases cited1 opinion

  1. Baird v. United StatesSupreme Court of the United States · 1878

3Cited by13 opinions

  1. Taylor v. Palmetto State Life Ins. Co.Supreme Court of South Carolina · 1940
  2. Worthy v. Jonesville Oil MillSupreme Court of South Carolina · 1907
  3. Ex Parte ZeiglerSupreme Court of South Carolina · 1909
  4. Harrison v. Southern Railway Co.Supreme Court of South Carolina · 1925
  5. Dunaway v. United Insurance Co. of AmericaSupreme Court of South Carolina · 1962

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