Trumbo v. Finley

Citations

• 18 S.C. 305
• 1882 S.C. LEXIS 136

Syllabus

<p>1. A complaint by a common informer, alleging the winning of money by defendants from one A. at a game of faro, on or about a certain dity named, states no cause of action and was, therefore, properly dismissed on demurrer, as the only right of action to an informer in such case exists under a statute which authorizes a recovery where the money was won at any time or sitting; that is, at any one time or sitting. To constitute a cause of action under this statute, the money must have been won at one time or at one sitting.</p> <p>2. As the complaint stated no cause of action, a demurrer was proper; it was not necessary for defendants to move that plaintiff be required to make his averments more definite and certain.</p> <p>3. In the matter of permitting a plaintiff to amend his complaint after demurrer, much must be left to the discretion of the Circuit judge, and the exercise of such discretion, as a rule, will not be disturbed, unless it deprives a party of a substantial legal right.</p> <p>4. Upon oral demurrer interposed at the trial in this case, the complaint was properly held not to state facts sufficient to constitute a cause of action, and the presiding judge refused to permit plaintiff to amend by stating a wholly different and new cause of action. Held, that this order of refusal should not be disturbed.</p>