Legal Opinion

Dubose v. Kell

Supreme Court of South Carolina

Decided July 28, 1905PublishedCited by 6 opinions

Before Watts, J., Chester, November, 1904. Action by Susan F. DuBose, in her own right and as administratrix of Susan C. Kell, against John A. Kell and others.

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Before Watts, J., Chester, November, 1904. Action by Susan F. DuBose, in her own right and as administratrix of Susan C. Kell, against John A. Kell and others. The plaintiff complaining of the defendant alleges : “1. That heretofore, to wit: on or about the 24th day of December, 1902, Susan C. Kell, late of the county of Chester, and State of South Carolina, departed this life, seized in fee and possessed of the following described lands and tenements, to wit: “(1) All that certain tract, parcel or plantation of land, lying, being and situate in the county and State aforesaid, known as the…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The defendants made a motion to require the complaint to be made more definite and certain “by setting out each cause of action contained in said complaint separately, duly and distinctly denoted and numbered as such, and each containing a plain and concise statement of the facts constituting such cause of action, without redundancy or unnecessary repetition.” The appeal is from an order refusing the motion on the ground that only one cause of action was stated in the complaint. There is no room for doubt as to the correctness of the…

2Cases cited2 opinions

  1. Smith v. SmithSupreme Court of South Carolina · 1897
  2. Threatt v. Brewer Mining Co.Supreme Court of South Carolina · 1897

3Cited by6 opinions

  1. Wright v. WilloughbySupreme Court of South Carolina · 1908
  2. City of Columbia v. Seaboard Air Line Railway Co.Supreme Court of South Carolina · 1930
  3. Dubose v. KellSupreme Court of South Carolina · 1907
  4. Turner v. BelserSupreme Court of South Carolina · 1928
  5. Dubose v. KellSupreme Court of South Carolina · 1907

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