Latimer v. Sullivan

Citations

• 30 S.C. 111
• 8 S.E. 639
• 1889 S.C. LEXIS 74

Syllabus

<p>1. In action by executor to recover the amount due on several notes given to testator by defendant at different dates, these notes were separately stated in several paragraphs of the complaint, but not as several causes of action. On demurrer, held that if several causes of action, they were sufficiently stated, but there was really only one cause of action. And if imperfectly stated, demurrer is not the proper remedy, but motion to make more definite. Holland v. Kemp, 27 S. C., 623, approved.</p> <p>2. Plaintiff may reply to an alleged counter-claim and at the same time demur thereto upon the ground that it does not state facts sufficient to constitute a counter-claim.</p> <p>3. In action by an executor to recover from defendant several notes due to testator, specific and residuary legacies, given by testator to defendant, but unassented to by the executor, cannot be set up as counterclaims.</p> <p>4. These counter-claims having been stricken out on demurrer, the ease was a pure action at law, and therefore a reference to the master was properly refused.</p>