Burr v. Brantley

Citations

• 40 S.C. 538
• 19 S.E. 199
• 1894 S.C. LEXIS 181

Syllabus

<p>1. A Demurrer to a complaint for not stating facts sufficient, &c.., cannot be sustained in favor of one defendant unless it is good as to all of the defendants, nor where the complaint states any cause of action.</p> <p>2. Claim and Delivery— Description — Case Criticised. — A complaint for claim and delivery for four loads of corn, amounting to about forty bushels and worth ,$40, and four or five hundred pounds of fodder worth §4 or §5, the proper goods of plaintiff taken by defendants from plaintiff’s premises, describes the property as fully as such property can be described, and is, therefore, a sufficient identification. This case distinguished from Lock-hart v. Little, 30 S. C., 326.</p> <p>3. Ibid. — Ibid.—Remedy.—The question of definiteness in the description of goods sued for cannot be raised by demurrer. Motion to require the allegations of the complaint to be made more definite is the proper remedy.</p> <p>4. Ibid. — Damages—Case Cbiticised. — Under demurrer to a complaint for claim and delivery which alleged the forcible taking and carrying away by defendants, under execution, of plaintiff’s goods exempt from levy and sale under the homestead laws, the action may be treated as one for damages. This case distinguished from Oliver ~v. White, 18 S. C., 235, and that case explained.</p>