Weatherly v. Covington

28 S.E. 1, 51 S.C. 55, 1897 S.C. LEXIS 52

• Court: Supreme Court of South Carolina
• Decided: October 23, 1897
• Status: Published

Opinions

The opinion of the Court was delivered by

Mr. Justice Jones.

The complaint in this case was for the recovery of the possession of personal property, and damages for unlawful taking and detention thereof. A demurrer was interposed, on the ground that the complaint did not state facts sufficient to constitute a cause of action, which was overruled by the Circuit Court.

Appellants except thereto as follows: “Because it is respectfully submitted that his Honor, Judge Watts, erred in overruling the demurrer to plaintiff’s complaint, thereby holding that it stated facts sufficient to constitute a cause of action against the defendants.”

Respondent insists that this exception can not be considered, because too general. We so hold. State v. Turner, 18 S. C., 103; McDaniel v. Stokes, 19 S. C., 61; Cureton v. Stokes, 20 S. C., 583; Talbott & Sons v. Padgett, 30 S. C., 99; Sims v. Jones, 43 S. C., 91; Marshall v. Creel, 44 S. C., 485, and many other cases.

The judgment of the Circuit Court is affirmed.