Erskine v. Markham
Supreme Court of South Carolina
Before DeVore, J., Oconee, Action by Mary Ann Erskine against George Edgar Markham et al. From order permitting complaint amended, defendants appeal. cites: 80 S. C., 319; 81 S. C., 579; 83 S. C., 1; 53 S. C., 315.
1DissentJustice Hydrick
I think it was error to allow the amendment in this case, because it makes the complaint demurrable for misjoinder of causes of action.
Section 188 of the Code specifies the several classes of actions which may be united in the same complaint. It says: “The plaintiff may unite, in the same complaint, several causes of action, whether they be such as have been heretofore denominated legal or equitable, or both, where they all arise out of—
1. “The same transaction, or transactions connected with the same subject of action; or,
2. “Contract, express or implied.” (The remaining subdivisions of this…
2Cases cited2 opinions
- Taylor v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1908
- Rush v. WarrenSupreme Court of South Carolina · 1887