Devereux v. McCrady

Citations

• 46 S.C. 133
• 24 S.E. 77
• 1896 S.C. LEXIS 42

Syllabus

<p>1. Evidence — Executor.—An executor is a competent witness, under section 400 of the Code, as to a conversation had with his testator against the interest of the testator, if such witness has no individual interest in the thing in controversy.</p> <p>2. Nonsuit. — It is error to dismiss a complaint when the allegations thereof and the testimony show that the plaintiff is entitled to some relief.</p> <p>3. Pleading — Demurrer.—Demurrer is the proper pleading to raise the question of the sufficiency of the allegations of the complaint to entitle the plaintiff to equitable relief by way of accounting.</p> <p>4. Practice — Accounting—Equity.—The rule indicated as to when legal remedies are inadequate, and a suit in equity for an accounting proper.</p> <p>5. Equity — Accounting.—In this case the complexity of the account is such that the plaintiff cannot have adequate relief at law, but has the right to invoke the jurisdiction of the Court of Equity.</p> <p>Mr. Chiee Justice McIver, dissenting.</p>