4 S.C.L. 494
Supreme Court of South Carolina
Decided April 15, 1811
Supreme Court of South Carolina · decided 1811-04-15
Summary process, in District Court of Sumter, before Brevard, J. The defendant had pleaded a special plene admitiistravit, to which defendant had demurred, and the court decided against the defendant, upon which a minute thereof was entered by the clerk in the minutes of the proceedings of court.
Decided 1811-04-15
¶1delivered the opinion of the whole court. That the District Court had not erred, but had exercised a legal discretion. The merits of the case were not involved in the determination of the demurrer. It was a question of form. The defendant was presumed to have merits, and the court was. authorized to give him leave to defend himself on the merits, upon payment of the costs occasioned by his faulty plea.
¶2Motion rejected.