35 S.C. 307 | S.C. | 1892
The opinion of the court was delivered by
The complaint in this action is as follows: “The complaint of the above named plaintiff respectfully shows to this court: I. That the defendant, the Georgia, Carolina & Northern Railway Company, is, and was at the time hereinafter stated, a body politic and corporate under the laws of this State, and is competent to sue and be sued in the courts of this State. II. That on or about August 15,1890, the plaintiff was the owner and lawfully possessed of one hundred and five railroad cross ties at or near the right of way of defendant at Mountville, South Carolina. III. That said cross-ties were reasonably worth the sum of twenty five cents a piece, aggregating in value the sum of twenty-six dollars and twenty-five cents. IV. That on or about August 15,1890, the defendant unlawfully took possession of the said cross ties, the property of the plaintiff, and converted them to its own use, to the plaintiff’s damage twenty-six dollars and twenty-five cents. Wherefore the plaintiff demands judgment against the defendant for the sum of twenty-six dollars and twenty-five cents, and for the costs of this action.”
At the September term, 1891, of the Court of Common Pleas for Laurens County, before Judge Hudson, on the complaint being read, the defendant interposed an oral demurrer, and moved the court to dismiss the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The Circuit Judge overruled the demurrer and dismissed the motion. The order therefor was dated 30th September, 1891. From this order of the Circuit Judge, the defendant has appealed to this court, asking its reversal upon the following ground : “That defendant excepts to and appeals from the order or ruling of his honor, J. H. Hudson, overruling defendant’s motion to dismiss plaintiff’s
Now, applying this adjudicated construction of this section of the Code to the case at bar, what do we find? The plaintiff was the owner, on the 15th of August, 1890, of certain cross-ties, of the value of twenty-six dollars and twenty-five cents, at or near the right of way of the defendant at Mountville, in this State. Now, by the allegations of the complaint, this was the right of the plaintiff. The complaint in its allegations charges that the defendant unlawfully took possession of such property and converted it to its own use, to his damage (the alleged value of the property) twenty-six dollars and twenty-five cents. All these allegations of fact must be taken as true. How can the conclusion be resisted, that, by the strictest tests, here is made evident a plain invasion by this defendant of plaintiff’s rights ?
The judgment of this court is, that the order of the Circuit Court appealed from be sustained, and that the appeal therefrom be dismissed.