Welch v. Wilmington &c. R. R.

Citations

• 40 S.C. 465
• 19 S.E. 72
• 1894 S.C. LEXIS 167

Syllabus

<p>1. Demurrer — Amendment—Appeal—Speculative Question. — Where the Circuit Judge rules, under oral demurrer, that the complaint does not state facts sufficient to show jurisdiction in the court of the county where the action was instituted, and refused leave to amend, the plaintiff may at once appeal, and thereby stay further proceedings on Circuit, or he may await final judgment, and then bring up these rulings for review; but plaintiff having, instead, excepted, and thereupon moved for and obtained an order changing the place of trial to another county,'an appeal at once prosecuted from the order sustaining the demurrer, and refusing leave to amend, raises purely speculative questions, which this court cannot determine, even though the order of removal was granted “without prejudice to the exceptions and right of appeal of the plaintiff herein.”</p> <p>2. Appeal dismissed without prejudice to further use by appellant of the exceptions upon which the appeal was based.</p>