Moss v. Johnson

Citations

• 36 S.C. 551
• 15 S.E. 709

Syllabus

<p>1. Descriptio Personae — Parties.—-A party being sued upon notes and mortgages signed by him with the word “trustee” superadded, the complaint not disclosing for whom he was trustee, and not alleging that he was a trustee, he demurred upon the ground that the eestuts que trust were omitted. Held, that the demurrer was properly overruled, as it did not appear that defendant was a trustee or was sued as such.</p> <p>2. An Exception not supported by any ruling of the trial judge, overruled.</p> <p>3. Demurrer — Reference.—After demurrer to complaint for foreclosure overruled, there being no answer nor application for leave to answer, a reference to ascertain the amount due was proper.</p>