Hellams v. Switzer

Citations

• 24 S.C. 39
• 1885 S.C. LEXIS 71

Syllabus

<p>1. In what cases several causes of action may be united in one complaint, and the remedy for failing to state them separately, considered.</p> <p>2. Where several plaintiffs, severally owning adjacent tracts of land, join in one action for injuries to their land caused by a dam of the defendant, and claiming damages in solido, the cause of action is single, and a demurrer upon the ground of misjoinder of causes of action will not lie.</p> <p>3. But the injuries being separate and distinct, the plaintiffs could not jointly sue to recover damages therefor; and a demurrer, interposed orally at the hearing, that the complaint did not state facts sufficient to constitute a cause of action, was properly sustained.</p> <p>4. A civil action will not lie to recover damages for injuries caused by a dam, unless special damage to plaintiff be alleged in the complaint; for a public nuisance the only remedy is by indictment.</p> <p>5. An action for damages on account of a private nuisance and to abate the same is a legal, not an equitable, action. A prayer for equitable .relief does not change the nature of the action.</p> <p>6. The joinder of parties under sections 138 and 140 of the code of procedure considered.</p>