Shaver v. Grendel Mills

54 S.E. 610 | S.C. | 1906

Lead Opinion

June 27, 1906. The opinion of the Court was delivered by This is an appeal from an order refusing to make the complaint definite and certain.

The complaint, the notice of motion, the order refusing the motion, and the exceptions will be set out in the report of the case.

This Court is satisfied that the exceptions should be overruled for the reasons assigned by his Honor, the Circuit Judge, in the order refusing said motion.

It is the judgment of this Court, that the order of the Circuit Court be affirmed.

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Concurrence Opinion

While concurring in the result, I do not wish to be understood as indorsing the language in Dupre v. Southern Ry., 66 S.C. 124, 134,44 S.E., 580, that it is proper to state in a complaint "anything that is connected with the events which constitute the plaintiff's story of his wrongs," "a connected history of plaintiff's wrongs." Proper pleading requires a concise statement of the ultimate facts constituting the plaintiff's cause of action.

MR. JUSTICE WOODS concurs in the result and in the separateopinion of MR. JUSTICE JONES.