Millhiser v. Holleyman

Citations

• 37 S.C. 572
• 16 S.E. 688
• 1892 S.C. LEXIS 61

Syllabus

<p>1. Appeal—Grounds by Respondent.—On plaintiffs’ appeal from an order sustaining defendant’s demurrer to the complaint, on the ground that it did not allege the partnership of plaintiffs, the defendant cannot ask that the order bo affirmed by this court upon other grounds of insufficiency in the complaint, not passed upon on Circuit.</p> <p>2. Amendment—Allegation op Partnership.—Plaintiffs having been ordered to amend their complaint by alleging in its body the partnership of plaintiffs, they served an amended complaint which said : “The plaintiffs, A, B, C, and D, copartners in business under the name and style of A & Co., show,’’ &c. Held,, that the order of amendment was sufficiently complied with.</p>