Supreme Court of South Carolina, 1906

Shaver v. Grendel Mills

Supreme Court of South Carolina · Decided June 27, 1906 · Gary, Woods, Jones

54 S.E. 610; 74 S.C. 430; 1906 S.C. LEXIS 122 (South Eastern Reporter)

Counsel

Messrs. Sheppards, Grier Park, Smythe, Lee Frost , for appellant, cite: Relief is by motion: Pom. Code Rem., 3 ed., sec. 549. What complaint should contain: 50 S.C. 67 ; 65 S.C. 228. Right to answer after decision of motion: Code of Proc., 181; Rules C.C., 20; 53 S.C. 582 ; 60 S.C. 370; 71 S.C. 341; 73 S.C. 208 . Messrs. Thurmond Turner and Jas. H. Tillman , contra, cite: Facts required to be alleged: 65 S.C. 222 ; 37 Minn., 358 ; 27 Neb. 380 .

Opinion of the Court

The opinion of the Court was delivered .by

Mr. Justice Gary.

This is an appeal from an order refusing to malee the complaint definite and certain.

The complaint, the notice of motion, the order refusing the motion, and the exceptions will be set out in the report of the case.

This Court is satisfied that the exceptions should be overruled for the reasons assigned by his Honor, the Circuit Judge, in the order refusing said motion.

It is the judgment of this Court, that the order of the Circuit Court be affirmed.

Concurring Opinion

Mr. Justice Jones,

concurring. While concurring in the result, I do not wish to be understood as indorsing the language in Dupre v. Southern Ry., 66 S. C., 124, 134, 44 S. E., 580, that it is proper to' state in a complaint' “anything that is connected with the events which constitute the plaintiff’s story of his wrongs,” “a connected history of plaintiff’s wrongs.” Proper pleading requires a concise statement of the ultimate facts constituting the plaintiff’s cause of action.

Mr. Justice Woods concurs in the result md in the separate opinion of Mr. Justice Jones.

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