Savage v. Sanders
Supreme Court of South Carolina
Before Witherspoon, J., Colleton, June, 1897. Action by C. A. Savage against J. H. Sanders. From an order requiring defendant to make his answer more definite, he appeals. cite: Motion must point oiit specific defects: 48 S. C., 179. Party will not be required to amend to enable adversary to demtir: 25 Fed. Rep., 373. cite: Motion points out defects: 48 S. C., 179.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
The complaint of the plaintiff alleges that defendant was indebted to him in the sum of $125.10, on account of lumber furnished. The answer did not deny the indebtedness for lumber, but set up a counterclaim in these words and figures: “For a counter-claim, 1. That on the day of , 18 , the plaintiff made and delivered to this defendant his certain promissory note, in writing, and thereby promised to pay to this defendant, on January 8th, after the date thereof, the sum of $126.” The second paragraph alleges demand for payment, and…
2Cited by2 opinions
- McLeod v. American Publishing Co.Supreme Court of South Carolina · 1925
- White v. HarbySupreme Court of South Carolina · 1935