Sparks v. D. M. Dew & Sons, Inc.
| Decision Date | 05 February 1957 |
| Docket Number | No. 17257,17257 |
| Citation | 96 S.E.2d 488,230 S.C. 507 |
| Court | South Carolina Supreme Court |
| Parties | J. B. SPARKS, Respondent, v. D. M. DEW & SONS, Inc., Appellant. |
Willcox, Hardee, Houck & Palmer, Florence, Herbert Britt, Dillon, for appellant.
James R. C. Calhoun, J. Trus Hayes, Jr., Dillon, for respondent.
This appeal comes from the Court of Common Pleas for Dillon County from an order of the Honorable J. Woodrow Lewis refusing to strike certain allegations of the complaint upon the ground that said allegations were irrelevant and redundant.
Respondent in this case seeks to recover damages allegedly sustained when a fire which destroyed appellant's warehouse and cotton stored therein spread to the adjoining premises and destroyed respondent's tools of trade, working materials and other personal property.
An order refusing to strike allegations in the pleadings as irrelevant and redundant is not appealable. Harbert v. Atlanta & C. A. L. Ry., 74 S.C. 13, 53 S.E. 1001; Strait v. British & American Mortgage Co.,77 S.C. 367, 57 S.E. 1100; Citizens' & Marine Bank v. Witcover, 77 S.C. 441, 58 S.E. 146; Cooper v. Atlantic Coast Line R. Co., 78 S.C. 562, 59 S.E. 704; McCandless v. Mobley, 81 S.C. 303, 62 S.E. 260; Woodward v. Woodward,87 S.C. 247, 69 S.E. 232.
Upon trial, however, appellant will not by the order appealed from or this opinion be precluded or in any wise prejudiced in its efforts to exclude such testimony as may be offered in support of the allegations sought to be stricken from the complaint. Appeal dismissed.
LEGGE, J., not participating.
To continue reading
Request your trial
-
Winchester v. United Ins. Co.
...delicto, it is sufficient to say that the order refusing to strike the allegations is not appealable. In the case of Sparks v. D. M. Dew & Sons, Inc., S.C., 96 S.E.2d 488, we 'An order refusing to strike allegations in the pleadings as irrelevant and redundant is not appealable. Harbert v. ......
-
Blackmon v. United Ins. Co.
...motion to strike them as irrelevant was properly refused. Moreover, refusal of such a motion is not appealable. Sparks v. D. M. Dew & Sons, Inc., 230 S.C. 507, 96 S.E.2d 488; Winchester v. United Insurance Co., 231 S.C. 288, 98 S.E.2d Affirmed. STUKES, C. J., and TAYLOR, OXNER and MOSS, JJ.......
-
A. E. Staley Mfg. Co. v. Threatt, 18137
...S., Inc., v. Theo, 241 S.C. 394, 128 S.E.2d 697; and his refusal to grant a motion to strike is not appealable, Sparks v. D. M. Dew & Sons, Inc., 230 S.C. 507, 96 S.E.2d 488; Winchester v. United Insurance Co., 231 S.C. 288, 98 S.E.2d 530; Blackmon v. United Insurance Co., 233 S.C. 424, 105......
-
State ex rel. Schafer v. Gussner
...has not expired. Semo v. Goudreau, 147 Me. 17, 83 A.2d 209; Howard v. Howard, 87 Cal.App. 20, 261 P. 714; Sparks v. D. M. Dew & Sons, Inc., 230 S.C. 507, 96 S.E.2d 488. Likewise a dismissal of an appeal upon the ground that neither the court of original jurisdiction nor the appellate court ......