Hays v. Spann

4 S.C.L. 494

Opinion

Nott, J.,

delivered the opinion of the whole court. That the District Court had not erred, but had exercised a legal discretion. The merits of the case were not involved in the determination of the demurrer. It was a question of form. The defendant was presumed to have merits, and the court was. authorized to give him leave to defend himself on the merits, upon payment of the costs occasioned by his faulty plea.

Motion rejected.