Harle v. Morgan & Co.

Citations

• 29 S.C. 258
• 7 S.E. 487
• 1888 S.C. LEXIS 136

Syllabus

<p>J. Affcor an appeal, and at the rehearing of the case on Circuit, defendants, under an oral demurrer that the complaint did not state facts sufficient to constitute a cause of action, urged the objection that there was a variance between the original complaint and the copy served. Held, that all objection to this variance was waived.</p> <p>2. The caption of the complaint stated the names and partnership of the defendants, and the complaint alleged that “the defendants, the said firm of A. J. Morgan & Co., executed and delivered their written obligation,” &c. Held, on oral demurrer interposed at the trial, that there was a sufficient allegation of the partnership of defendants.</p>