McCown v. McSween

Citations

• 29 S.C. 130
• 7 S.E. 45
• 1888 S.C. LEXIS 117

Syllabus

<p>1. If a defence and counter-claim are improperly united, the plaintiff’s remedy is a motion to make the allegations of the answer more distinct and specific ; demurrer does not lie.</p> <p>2. Although the facts upon which a counter-claim is based are not stated separately from the matters pleaded as a defence, still an oral demurrer will not lie.</p> <p>3. The payment of usurious interest since the act of December, 1882, on a debt contracted prior thereto, will, in action on this debt, sustain a counter-claim for double the sum so paid.</p> <p>4. It seems that a payment of usurious interest prior to the act of 1882, will not sustain a counter-claim under that act.</p> <p>5. The Cii'cuit Judge having properly overruled an oral demurrer to the answer, he could not give judgment for plaintiff; nor could he have rendered judgment after notice of appeal from an order overruling such demurrer.</p>