Smith v. Heyward
Smith v. Heyward
Opinion of the Court
The opinion of the Court was delivered by
This cause has been here once before. 107 S. C. 543, 93 S. C. 195. At the inception of the trial at Greenville as was above ordered, the defendant, Heyward, “demurred to so much of the amended complaint * * * as is contained in paragraphs 4, 5 and 6,” and moved the Court in the same pleading “to strike said paragraphs out of the complaint, upon the ground that they are improperly united to the real cause of action, are irrelevant thereto, (and) redundant. * * * ” The demurrer was overruled, and the motion to strike out was refused in a short order, and the appeal is from it.
*150
Appeal is dismissed.
Reference
- Full Case Name
- Smith v. Heyward Et Al.
- Status
- Published
- Syllabus
- 1. Executors and Administrators — Demurrer — Material Matters.— In suit by one of two executors for instructions, demurrer does not lie to collateral averments of complaint showing differences of opinion between the executors. 2. Appeal and Error •— Orders Appealaele. ■—■ In suit by one of two executors for instructions, assuming allegations are irrelevant, the Court’s refusal to strike them out is not appealable; their relevancy being easier to determine when all the evidence, is in.