Liberian Exodus Joint-Stock Steamship Co. v. Rodgers

Citations

• 21 S.C. 27
• 1884 S.C. LEXIS 68

Syllabus

<p>1. Where a plaintiff corporation alleged its corporate existence, and defendant answered such allegation by a denial of knowledge or information sufficient to form a belief, the plaintiff’s corporate existence or capacity to sue is not in issue.</p> <p>2. Matters which are causes of demurrer under section 165 of the code of procedure (except as provided in section 169) can only be objected to by demurrer when they appear upon the face of' the complaint, or when not so appearing, by special allegations thereof in the answer. They cannot be put in issue by a general denial.</p> <p>3. Commercial Insurance and Banking Co. v. Turner, 8 8. C., 110, recognized and followed ; and this case distinguished from Chicora Company v. Crews, 6 8. C., 243.</p>