Catawba Mills v. Hood

Citations

• 42 S.C. 203
• 20 S.E. 91
• 1894 S.C. LEXIS 44

Syllabus

<p>1. Trial Justices — Amount Claimed. — The jurisdiction of a trial justice in matters of contract is determined by the amount claimed in the summons and not by the amount that may be due. Where, however, the plaintiff reduces the amount then past due, for the purpose of making his claim for a sum not exceeding $100, so as to bring it within the jurisdiction of a trial justice, he cannot thereafter bring action for the items so omitted.</p> <p>2. Stock Subscriptions — Remedies.—The right given by the by-laws of a corporation to sell the stock of a stockholder for his delinquent stock subscription, does not prevent action to recover the amount of such delink quency. The two remedies are cumulative.</p>