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Morgan-Austin Co. v. Allison

Supreme Court of South Carolina
Mar 21, 1923
123 S.C. 360 (S.C. 1923)

Opinion

11169

March 21, 1923.

Before ANSEL, J., County Court. Greenville. May, 1922. Appeal dismissed.

Action by Morgan-Austin Co., against W.A. Allison. From an order striking out the answer and giving judgment for plaintiff, the defendant appeals.

Messrs. Bonham Price and T.H. Munro, for appellant, cite: Verified answer cannot be stricken out as sham: 31 Cyc., 627. NOTE 15.

Mr. B.A. Morgan, for respondent, cites: Exception too general: 110 S.C. 282. Exception to facts not permitted: 108 S.C. 222. Judge's power as to sham and frivolous answers: 6 S.C. 113; 101 S.C. 187. Order of Judge equivalent to amendment as to amount demanded: 16 S.C. 361.


March 21, 1923. The opinion of the Court was delivered by


The only exception herein, is as follows:

"That his Honor M.F. Ansel erred in holding that the answer of the defendant was frivolous and was sham pleading, and in not holding and finding to the contrary."

This exception is too general for consideration.

Appeal dismissed.

MESSRS. JUSTICES WATTS, FRASER, and MARION concur.

MR. JUSTICE COTHRAN did not participate.


Summaries of

Morgan-Austin Co. v. Allison

Supreme Court of South Carolina
Mar 21, 1923
123 S.C. 360 (S.C. 1923)
Case details for

Morgan-Austin Co. v. Allison

Case Details

Full title:MORGAN-AUSTIN CO. v. ALLISON

Court:Supreme Court of South Carolina

Date published: Mar 21, 1923

Citations

123 S.C. 360 (S.C. 1923)
116 S.E. 446

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