Cartin v. South Bound Railroad

Citations

• 43 S.C. 221
• 49 Am. St. Rep. 829
• 20 S.E. 979
• 1895 S.C. LEXIS 140

Syllabus

<p>1. Res Judicata — Nonsuit.—Where a nonsuit is granted, not for want of evidence, but because plaintiff has no cause of action under her deed, and no appeal is taken from such order, the construction of such deed becomes res jzidicata and binding upon the courts in a subsequent action between the same parties based upon the same deed.</p> <p>2. Ibid. — Separate Causes op Action. — If plaintiff’s complaint sets forth two causes of action, and the defendant fails to require a separation or election, the case is tried upon all the allegations of the complaint, and, after judgment, the plaintiff cannot bring a separate suit on either one of such causes of action.</p>