44 S.C. 143 | S.C. | 1895
The opinion of the court was delivered by
The only question involved in this case which is not disposed of by the decision of this court just filed in the case of George Lamb Buist as receiver &c. v. Fitzsimons, ante, 130, is whether or not the presiding judge erred in sustaining the demurrer to paragraphs XII. and XIII. of defendant’s answer.
The following is the order of the Circuit Judge: “The complaint having been read, the defendant interposed an oral demurrer thereto, upon the ground that it did not state facts sufficient to constitute a cause of action. After hearing the argument, it is ordered, that the said demurrer be and is hereby overruled.
“This case thereafter came on to be heard upon the com
It is the judgment of this court, that the order of the Circuit Court be modified, in accordance with these views, viz: that the order sustaining the demurrer to paragraphs XII. and XIII. of the answer be reversed.