Whaley v. Lawton
Supreme Court of South Carolina
Before Klugi-i, J., Charleston, March, 1899. Action by W. S. Whaley against W. Wallace Lawton. The first defense is as follows: “I. That the plaintiff herein, on or about the day of May, A. D. 1897, commenced an action in this honorable Court, by the service of a summons and complaint on this defendant, wherein and whereby he sought damages from this defendant on five separate and distinct causes of action; the first two of which, actions for damages for false arrest and…
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Before Klugi-i, J., Charleston, March, 1899. Action by W. S. Whaley against W. Wallace Lawton. The first defense is as follows: “I. That the plaintiff herein, on or about the day of May, A. D. 1897, commenced an action in this honorable Court, by the service of a summons and complaint on this defendant, wherein and whereby he sought damages from this defendant on five separate and distinct causes of action; the first two of which, actions for damages for false arrest and imprisonment, were identical with the causes of action set out and contained in the complaint now served upon him, and to…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Ci-iiee Justice McIver.
*202i *200This was an action to recover damages for false imprisonment, commenced on the 21st of. January, 1899, to which the defendant duly answered, setting up certain facts therein set forth as a bar to *201this action. The case then came before his Honor, Judge Klugh, who granted an order overruling the plea in bar, and refusing the motion to dismiss the complaint. From this order the defendant appeals upon the several grounds set out in the record. So much of the answer in the present case as sets forth the first defense, together…
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