Chalmers v. Glenn

Citations

• 18 S.C. 469
• 1883 S.C. LEXIS 17

Syllabus

<p>1. A canse of action exists when the legal rights of one party have been invaded by another, and unless facts to show the existence and the invasion of such rights are stated in the complaint, it will be held bad on demurrer.</p> <p>2. A complaint which stated that money belonging to an estate had by order of court been lent to defendant under his bond to account “upon a final settlement of the estate” for the sum received, but which did not allege that any settlement had yet been had or attempted, or that defendant had failed to account, does not state facts sufficient to constitute a cause of action.</p> <p>3. A clerk of court in accordance with the terms of an order of court, lent money in his hands to A. upon A.’s bond to account for it upon final settlement of the estate. Meld, that a complaint against A. by a succeeding clerk stating these facts and asking to have the bond reformed so as to provide for the payment of interest, did not show any cause of action in the plaintiff.</p>