Addison v. Duncan

Citations

• 35 S.C. 165
• 14 S.E. 305
• 1892 S.C. LEXIS 127

Syllabus

<p>1. Appeal — Taxation op Costs — Final Judgment. — Judgment of the Circuit Court being reversed and a new trial ordered, questions as to taxation of costs under the judgment so reversed cannot properly be considered, but must await the final judgment.</p> <p>2. Opening and Reply. — When the defendant, by his pleadings, admits the plaintiff's cause of action as stated in the complaint and relies solely upon an affirmative defence, based upon facts stated in the answer, so that without evidence by defendant the plaintiff’ would be entitled on the pleading's to a verdict, the defendant has the opening and reply. Cases reviewed.</p> <p>3. Ibid. — The complaint alleged the execution by defendants of the note sued on, and that plaintiff was still the owner and holder thereof, and that no part had boon paid, and that there was still due and owing thereon a sum stated. The answer admitted the execution of the note, and not denying its other allegations, set up an affirmative defence in bar. Held, that all the allegations of fact in the complaint were admittcd by the answer, and defendant was entitled to open and reply. Mr. Justice McGowan, dissenting.</p>