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  • Messrs. E.L. Asbill and Graham Sturkie, for appellant, cite: Two or more causes of action should not be stated together: 35 S.C. 475, 501; 37 S.C. 199; sec. 186a, Code of Procedure, does not permit jumbling together of causes of action for malicious prosecution, false arrest, and assault and battery: 81 S.C. 320; 73 S.C. 271. Demurrer proper remedy: Sec. 165, sub. 5, Code of Proc.; 9 S.C. 277; 13 S.C. 317; 24 S.C. 39; 47 S.C. 211; 70 S.C. 89. Messrs. Efird Dreher, contra, cite: Demurrer not remedy: Code of Proc., 188; 24 S.C. 39; 68 S.C. 257.
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Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • Messrs. E.L. Asbill and Graham Sturkie, for appellant, cite: Two or more causes of action should not be stated together: 35 S.C. 475, 501; 37 S.C. 199; sec. 186a, Code of Procedure, does not permit jumbling together of causes of action for malicious prosecution, false arrest, and assault and battery: 81 S.C. 320; 73 S.C. 271. Demurrer proper remedy: Sec. 165, sub. 5, Code of Proc.; 9 S.C. 277; 13 S.C. 317; 24 S.C. 39; 47 S.C. 211; 70 S.C. 89. Messrs. Efird Dreher, contra, cite: Demurrer not remedy: Code of Proc., 188; 24 S.C. 39; 68 S.C. 257.
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Smart Summary

DUNCAN v. E. JONES CO.

May 20, 1909. The opinion of the Court was delivered by

MR. JUSTICE GARY.

This is an appeal from an order, overruling a demurrer to the complaint, on the ground that several causes of action, have been improperly united.

His Honor, the presiding Judge, ordered "that the demurrer be overruled, for the reason that the complaint, appears to state several causes of action, jumbled in one."

The allegations are set forth, in form as a single cause of action, and the ruling of the Circuit Judge is sustained by the case of Marion v. Charleston, 68 S.C. 257, 47 S.E., 140.

Appeal dismissed.

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DUNCAN v. JONES CO
(May 20, 1909)