Chafee v. Postal Telegraph Co.

Citations

• 35 S.C. 372
• 14 S.E. 764
• 1892 S.C. LEXIS 173

Syllabus

<p>1. Jurisdiction — Foreign Corporations — Appearance.—The Court of Common Pleas is a court of general jurisdiction, but has jurisdiction of actions against foreign corporations only so far as has been prescribed by statute. Where, however, a foreign corporation appears generally to an action in such court and answers on the merits, it thereby submits itself to the jurisdiction of the court.</p> <p>2. Tins Case Distinguished from Hester v. Rasin Fertilizer Company, 33 S. C., 609.</p> <p>3. Jurisdiction — Foreign Corporations. — The Court of Common Pleas being a court of general jurisdiction, but limited by statute as to certain causes, its jurisdiction will be presumed as to those causes where it does not appear to the court that the special jurisdictional facts are wanting. Therefore where a plaintiff, if a resident of this State, may sue a foreign corporation in that court, it will not be held after appearance and answer by defendant that the complaint, by omitting to state plaintiff’s residence, fails to show that the court has jurisdiction of the action.</p> <p>4. Ibid. — Amendment.—If the complaint had been defective in failing to allege that plaintiff was a resident of this State, an amendment making such allegation should be permitted.</p> <p>5. Demurrer not Passed Upon in the court below, is not properly before this court for consideration, though made in the lower court and urged in support of the judgment appealed from.</p> <p>6. Complaint. — This courr. declines to hold that the complaint in this' action for injury done by defendant, a bailee for hire, to the mules and horses of plaintiff, did not sufficiently state the facts which would constitute a cause of action.</p>