¶1 (concurring) : Under the decisions of this Court and the Courts of other jurisdictions, in my opinion, the Cricuit Judge properly overruled defendants’ demurrer to the complaint. Whether the allegations of the complaint are true is not now a question for this Court, for, according to the long-recognized rule, for the purpose of *521 considering and passing upon the merits of the demurrer, the allegations of the complaint must be regarded as true, and the same given a liberal construction. The truth of the allegations of the complaint is to be determined when the proof is introduced and the case is heard on its merits. At that time defendants will, of course, have their day in Court.
165 S.C. 509
164 S.E 302
Brice v. Glenn
Supreme Court of South Carolina
Decided May 3, 1932
Supreme Court of South Carolina · decided 1932-05-03
Good law ✅— No negative treatment on recordhow we know
Decided 1932-05-03
How this case has been cited
Cited by 3 later decisions — most recently January 1981
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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