Pargas of Loris, Inc. v. Heniford

Supreme Court of South Carolina

Pargas of Loris, Inc. v. Heniford

175 S.E.2d 391, 254 S.C. 344, 1970 S.C. LEXIS 243

CourtSupreme Court of South Carolina

DecidedJune 25, 1970

Docket19069

StatusPublished

Cited by2 cases

This text of 175 S.E.2d 391 (Pargas of Loris, Inc. v. Heniford) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pargas of Loris, Inc. v. Heniford, 175 S.E.2d 391, 254 S.C. 344, 1970 S.C. LEXIS 243 (S.C. 1970).

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Opinion

Brailsford, Justice.

This is an appeal from the disallowance by the trial judge of a demurrer by plaintiff to defendant’s counterclaim. The demurrer was stated orally at the commencement of the trial and was upon the ground that the “counter-claim doesn’t state the facts sufficient to constitute the cause of action or a defense.” This generality was palpably insufficient under Section 10-643, Code of 1962, which requires that a “demurrer shall distinctly specify the grounds of objection to the complaint. Unless it does so it may be disregarded.” The so-called demurrer was properly overruled. Franks v. Anthony, 231 S. C. 191, 97 S. E. (2d) 891 (1957). The appeal does not challenge the sufficiency of the facts proved to sustain the verdict, which was for $1,657.56 for the defendant on his counterclaim.

Affirmed.

Moss, C. J., and Lewis, Bussey and Littlejohn, JJ., concur.

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Brailsford, Justice.

This is an appeal from the disallowance by the trial judge of a demurrer by plaintiff to defendant’s counterclaim. The demurrer was stated orally at the commencement of the trial and was upon the ground that the “counter-claim doesn’t state the facts sufficient to constitute the cause of action or a defense.” This generality was palpably insufficient under Section 10-643, Code of 1962, which requires that a “demurrer shall distinctly specify the grounds of objection to the complaint. Unless it does so it may be disregarded.” The so-called demurrer was properly overruled. Franks v. Anthony, 231 S. C. 191, 97 S. E. (2d) 891 (1957). The appeal does not challenge the sufficiency of the facts proved to sustain the verdict, which was for $1,657.56 for the defendant on his counterclaim.

Affirmed.

Moss, C. J., and Lewis, Bussey and Littlejohn, JJ., concur.

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Bluebook (online)

175 S.E.2d 391, 254 S.C. 344, 1970 S.C. LEXIS 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pargas-of-loris-inc-v-heniford-sc-1970.

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