Meyer v. Owens
Supreme Court of South Carolina
Before Si-iipp, J., Richland, November 10, 1916. Action by Eliza J. Meyer against Lawrence B. Owens •and others. From an order refusing to strike a demurrer to the complaint, plaintiff appeals. cites: As to joinder of causes of action: Code of Procedure, sec. 218; 70 S. C. 253; 29 S. C. 407, 412-13; 105 S. C. 80; 72 S. C. 387. As to right of trial by jury: Code of Civil Procedure, sec. 312; 23 S. C. 370; 43 S. C. 192; 37 S. C. 169. Frivolous pleadings: Code, sec. 306; 37 S.…
Read the full summary
Before Si-iipp, J., Richland, November 10, 1916. Action by Eliza J. Meyer against Lawrence B. Owens •and others. From an order refusing to strike a demurrer to the complaint, plaintiff appeals. cites: As to joinder of causes of action: Code of Procedure, sec. 218; 70 S. C. 253; 29 S. C. 407, 412-13; 105 S. C. 80; 72 S. C. 387. As to right of trial by jury: Code of Civil Procedure, sec. 312; 23 S. C. 370; 43 S. C. 192; 37 S. C. 169. Frivolous pleadings: Code, sec. 306; 37 S. C. 607; 2 S. C. 427; Black’s Law Die. 526; 90 S. C. 160; 91 S. C. 864. cite: As to joinder of causes of action: Code,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff appeals from an order refusing to strike out a demurrer to the complaint as frivolous.
The order is not appealable. Some of the reasons why such an order is net appealable are set forth in the cases cited in Woodward v. Woodward, 87 S. C. 247, 69 S. E. 232. They need not be repeated here. The principal reason is that such an order does not affect the merits, and an appeal from it causes unnecessary delay in the determination of the merits.
Appeal dismissed.
2Cases cited1 opinion
- Woodward v. WoodwardSupreme Court of South Carolina · 1910