Whaley v. Lawton

Citations

• 57 S.C. 256
• 35 S.E. 558
• 1900 S.C. LEXIS 45

Syllabus

<p>1. Pleadings — -Malicious Prosecution. — Complaint for damages for malicious prosecution must allege that the prosecution has been legally terminated. Dismissing a prosecution by a prosecuting officer or grand jury is not a legal termination of a prosecution.</p> <p>2. Charleston — Magistrate.—A ministerial magistrate in the county of Charleston is a mere prosecuting officer.</p> <p>3. Pleadings — Malicious Prosecution. — A Complaint for malicious prosecution must allege that the plaintiff has been charged with a criminal offense.</p> <p>4. Criminal Law — Rent Lien. — It is not a crime in this State to remove property subject to rent lien.</p> <p>5. Waiver — Appeal.—A defendant doés not waive his right to appeal from an order sustaining a demurrer, but allowing plaintiff to amend, by answering the amended complaint.</p> <p>6. Pleadings — Amendment.—A Complaint stating facts which show that plaintiff has no cause of action, is not the subject of amendment.</p>