Jones v. McCreery Land & Investment Co.
Supreme Court of South Carolina
Before Klugh, J., Richland, November term, 1907. Action by Clara Jones and her husband, Daniel Jones, against McCreery Land and Investment Company. From judgment for plaintiffs, they appeal. cite: Blection: 7 Ency.
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Before Klugh, J., Richland, November term, 1907. Action by Clara Jones and her husband, Daniel Jones, against McCreery Land and Investment Company. From judgment for plaintiffs, they appeal. cite: Blection: 7 Ency. P. & P., 361; 73 S. C., 189. Demurrer, not election, remedy: Code of Proc., 165, 166, 60 S. E., 972; 73 S. C., 189; 65 S. C., 335; 66 S. C., 131; 66 S. C., 544. Motion to strike out or demurrer is remedy against incompetent allegations: 78 S. C., 545; 60 S. C., 390; 70 S. C., 10; 72 S. C., 192; Code of Proc., 181. Punitive damages may be recovered: 13 How., 371; 91 U. S., 489; 115…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for damages.
The allegations of the complaint, material to the questions involved, are as follows:
“That heretofore, on the 2d day of July, A. D. 1904, plaintiff, Clara Jones, rented from defendant a dwelling house situated in the city of Columbia, for which she agreed to pay as rental therefor seven ($7) dollars per month, or three and 50-100 ($3.50) dollars every two weeks.
“That subsequent thereto, said plaintiff, Clara Jones, paid the said rental regularly according to her contract to defendant, McCreery Land and…
2Cited by2 opinions
- Hodges v. Bank of ColumbiaSupreme Court of South Carolina · 1924
- Alexander v. HillSupreme Court of South Carolina · 1911