37 S.E. 20 | S.C. | 1900
September 18, 1900. The opinion of the Court was delivered by This is an appeal from the judgment of the Circuit Court, sustaining a demurrer, based upon the ground that the complaint does not state facts sufficient to constitute a cause of action. The plaintiff bases her appeal upon a single exception, which is couched in the following language: "That the complaint alleges a cause of action, and his Honor erred in sustaining the demurrer, and in dismissing the complaint."
The counsel for respondent takes the position that this exception is too general, and that, under the settled rule, the exception cannot be considered. This, therefore, presents the first question to be determined. The case of Weatherly
v. Covington,
While this Court is always averse to deciding cases upon what may be regarded by some as technical grounds, yet when parties litigant demand their rights (as has been done in this case), based upon the rules and decisions of this Court, such demand must be respected. We may add, however, that we are the less reluctant to apply the well settled rule in this case, as the Circuit Judge has, very properly, allowed the plaintiff to amend her complaint, whereby she will not lose the opportunity of having her case tried upon the merits.
The judgment of this Court is, that the judgment of the Circuit Court be affirmed, with leave to the plaintiff to amend her complaint, as allowed by the Circuit Judge, at any time within twenty days after the filing of the remittitur in the Circuit Court. *4