Legal Opinion

Harvey v. Hackney

Supreme Court of South Carolina

Decided February 27, 1892PublishedCited by 2 opinions

Action by James F. Harvey against Mary F. Hackney, Nancy Harvey, Sallie Brown, and the P.acolet Manufacturing Company, for partition, commenced August 27, 1887. The appeal was from the following order: On the calling of this case for trial before me and a jury, and immediately upon the reading of the complaint, the defendant, the Pacolet Manufacturing Company, interposed an oral demurrer thereto, on the ground that the complaint does not state facts sufficient to constitute…

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Action by James F. Harvey against Mary F. Hackney, Nancy Harvey, Sallie Brown, and the P.acolet Manufacturing Company, for partition, commenced August 27, 1887. The appeal was from the following order: On the calling of this case for trial before me and a jury, and immediately upon the reading of the complaint, the defendant, the Pacolet Manufacturing Company, interposed an oral demurrer thereto, on the ground that the complaint does not state facts sufficient to constitute a cause of action as against it. On the part of the plaintiff it is urged : 1. That at a previous term of this court an…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Chief Justice McIver.

Inasmuch as the question presented by this appeal arises upon a demurrer, because the complaint does not state facts sufficient to constitute a cause of action, it will be necessary to state concisely the substantial allegations of the complaint. The allegations, omitting those merely formal, substantially are: that Henry Harvey died intestate on the 15th of June, 1861, seized and possessed of a certain tract of land containing 150 acres, more or less, the same being more specifically described in the complaint; that the said…

2Cited by2 opinions

  1. Alexander Sprunt & Son v. GordonSupreme Court of South Carolina · 1911
  2. Coker v. Monaghan MillsU.S. Circuit Court for the District of South Carolina · 1902

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