Charlotte, Columbia & Augusta R. R. v. Gibbes

Citations

• 23 S.C. 370
• 1885 S.C. LEXIS 112

Syllabus

<p>1. (1) An issue of fact can only arise when some material allegation of fact is made in the pleadings of one party and controverted in the pleadings of the other party. (2)' The proper mode of raising an issue of law is by demurrer. (3) An issue of law must be tried by the court. (4) An issue of fact, in an action for the recovery of money only, must be tried by a jury, unless that mode of trial be waived.</p> <p>2. The answer in this case having controverted no material allegation of fact in the complaint, should be regarded as a demurrer, and the only issue raised being one of law, it must be tried by the court.</p> <p>3. An action for the recovery of money only does not require a jury trial, unless the pleadings raise an issue of fact.</p> <p>4. The pleadings in this action having raised an issue of law only, the Circuit Judge erred in ordering the cause transferred from calendar 1 to calendar 2.</p>