Cauthen v. Green & Hines
Supreme Court of South Carolina
Before Wilson, J., Lancaster, June, 1907. Action by W. B. Cauthen against Green & Hines. From order overruling demurrer to complaint, defendants appeal. cite: Suit should he brought in name of administrator: Williams on Ex. & Ad., 775; Wcener’s Am. L. of Ad., sec. 199; 1 McC.
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Before Wilson, J., Lancaster, June, 1907. Action by W. B. Cauthen against Green & Hines. From order overruling demurrer to complaint, defendants appeal. cite: Suit should he brought in name of administrator: Williams on Ex. & Ad., 775; Wcener’s Am. L. of Ad., sec. 199; 1 McC. Eq., 506, 191; 9 S. C., 253; 20 S. C., 349; 69 Ala., 385; 64 S. C., 236. cite: Complaint does not show on its face plaintiff has not legal capacity to sue: 41 S. C., 70; secs. 132, 142 Code of Proc.; 6 S. C., 184; 42 S. C., 588.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an appeal from an order overruling a demurrer to the complaint, on the ground that it does not state facts sufficient to constitute a cause of action.
The complaint, after alleging that the defendants are partners, contains the following allegations:
“That on the 13th day of December, 1905, J. F. Gregory, the clerk for the Circuit Court for Lancaster county, in said State, paid to the said defendants, John T. Green and Harry Hines, under the firm name of Green & Hines, the sum of fourteen hundred dollars, for the said plaintiff,…
2Cases cited3 opinions
- Matthews v. MontsSupreme Court of South Carolina · 1901
- Cave v. GillSupreme Court of South Carolina · 1901
- Dixon v. RoesslerSupreme Court of South Carolina · 1905
3Cited by1 opinion
- J. W. McWilliams Co. v. TraversSupreme Court of Florida · 1928