Archives > 1976 South Carolina Code of Laws - Previous Versions > 2003 Session > Title 15

This statutory database is current through the 2003 Regular Session of the South Carolina General Assembly. Changes to the statutes enacted by the 2004 General Assembly, which will convene in January 2004, will be incorporated as soon as possible. Some changes enacted by the 2004 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, and users rely on the data entirely at their own risk.

GENERAL PROVISIONS [REPEALED]

SECTIONS 15-13-10 to 15-13-100. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-13-10. [1962 Code Section 10-601; 1952 Code Section 10-601; 1942 Code Section 454; 1932 Code Section 454; Civ. P. '22 Section 397; Civ. P. '12 Section 190; Civ. P. '02 Section 161; 1870 (14) 458 Section 163] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-20 was entitled: Pleadings shall be liberally construed.

SECTION 15-13-20. [1962 Code Section 10-602; 1952 Code Section 10-602; 1942 Code Section 477; 1932 Code Section 477; Civ. P. '22 Section 420; Civ. P. '12 Section 209; Civ. P. '02 Section 180; 1870 (14) 462 Section 182] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-30 was entitled: Pleadings shall be subscribed; verification of subsequent pleadings.

SECTION 15-13-30. [1962 Code Section 10-603; 1952 Code Section 10-603; 1942 Code Section 474; 1932 Code Section 474; Civ. P. '22 Section 417; Civ. P. '12 Section 206; Civ. P. '02 Section 177; 1870 (14) 461 Section 179] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-40 was entitled: Manner of effecting verification.

SECTION 15-13-40. [1962 Code Section 10-604; 1952 Code Section 10-604; 1942 Code Section 475; 1932 Code Section 475; Civ. P. '22 Section 418; Civ. P. '12 Section 207; Civ. P. '02 Section 178; 1870 (14) 461 Section 180; 1929 (36) 102] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-50 was entitled: When verification is unnecessary.

SECTION 15-13-50. [1962 Code Section 10-605; 1952 Code Section 10-605; 1942 Code Section 475; 1932 Code Section 475; Civ. P. '22 Section 418; Civ. P. '12 Section 207; Civ. P. '02 Section 178; 1870 (14) 461 Section 180; 1929 (36) 102] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-60 was entitled: Irrelevant, redundant and indefinite matter.

SECTION 15-13-60. [1962 Code Section 10-606; 1952 Code Section 10-606; 1942 Code Section 478; 1932 Code Section 478; Civ. P. '22 Section 421; Civ P. '12 Section 210; Civ. P. '02 Section 181; 1870 (14) 462 Section 183] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-70 was entitled: Suing party by fictitious name.

SECTION 15-13-70. [1962 Code Section 10-607; 1952 Code Section 10-607; 1942 Code Section 496; 1932 Code Section 496; Civ. P. '22 Section 438; Civ. P. '12 Section 226; Civ. P. '02 Section 196; 1870 (14) 465 Section 198] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-80 was entitled: When allegation is deemed true.

SECTION 15-13-80. [1962 Code Section 10-608; 1952 Code Section 10-608; 1942 Code Section 488; 1932 Code Section 488; Civ. P. '22 Section 431; Civ. P. '12 Section 219; Civ. P. '02 Section 189; 1870 (14) 464 Section 191] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-90 was entitled: Court may permit late answer, reply or other act.

SECTION 15-13-90. [1962 Code Section 10-609; 1952 Code Section 10-609; 1942 Code Section 495; 1932 Code Section 495; Civ. P. '22 Section 437; Civ. P. '12 Section 225; Civ. P. '02 Section 195; 1870 (14) 465 Section 197] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-100 was entitled: Supplemental complaint, answer and reply.

SECTION 15-13-100. [1962 Code Section 10-610; 1952 Code Section 10-610; 1942 Code Section 498; 1932 Code Section 498; Civ. P. '22 Section 440; Civ. P. '12 Section 228; Civ. P. '02 Section 198; 1870 (14) 465 Section 200; 1953 (48) 287] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTIONS 15-13-10 to 15-13-100. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-13-10. [1962 Code Section 10-601; 1952 Code Section 10-601; 1942 Code Section 454; 1932 Code Section 454; Civ. P. '22 Section 397; Civ. P. '12 Section 190; Civ. P. '02 Section 161; 1870 (14) 458 Section 163] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-20 was entitled: Pleadings shall be liberally construed.

SECTION 15-13-20. [1962 Code Section 10-602; 1952 Code Section 10-602; 1942 Code Section 477; 1932 Code Section 477; Civ. P. '22 Section 420; Civ. P. '12 Section 209; Civ. P. '02 Section 180; 1870 (14) 462 Section 182] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-30 was entitled: Pleadings shall be subscribed; verification of subsequent pleadings.

SECTION 15-13-30. [1962 Code Section 10-603; 1952 Code Section 10-603; 1942 Code Section 474; 1932 Code Section 474; Civ. P. '22 Section 417; Civ. P. '12 Section 206; Civ. P. '02 Section 177; 1870 (14) 461 Section 179] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-40 was entitled: Manner of effecting verification.

SECTION 15-13-40. [1962 Code Section 10-604; 1952 Code Section 10-604; 1942 Code Section 475; 1932 Code Section 475; Civ. P. '22 Section 418; Civ. P. '12 Section 207; Civ. P. '02 Section 178; 1870 (14) 461 Section 180; 1929 (36) 102] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-50 was entitled: When verification is unnecessary.

SECTION 15-13-50. [1962 Code Section 10-605; 1952 Code Section 10-605; 1942 Code Section 475; 1932 Code Section 475; Civ. P. '22 Section 418; Civ. P. '12 Section 207; Civ. P. '02 Section 178; 1870 (14) 461 Section 180; 1929 (36) 102] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-60 was entitled: Irrelevant, redundant and indefinite matter.

SECTION 15-13-60. [1962 Code Section 10-606; 1952 Code Section 10-606; 1942 Code Section 478; 1932 Code Section 478; Civ. P. '22 Section 421; Civ P. '12 Section 210; Civ. P. '02 Section 181; 1870 (14) 462 Section 183] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-70 was entitled: Suing party by fictitious name.

SECTION 15-13-70. [1962 Code Section 10-607; 1952 Code Section 10-607; 1942 Code Section 496; 1932 Code Section 496; Civ. P. '22 Section 438; Civ. P. '12 Section 226; Civ. P. '02 Section 196; 1870 (14) 465 Section 198] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-80 was entitled: When allegation is deemed true.

SECTION 15-13-80. [1962 Code Section 10-608; 1952 Code Section 10-608; 1942 Code Section 488; 1932 Code Section 488; Civ. P. '22 Section 431; Civ. P. '12 Section 219; Civ. P. '02 Section 189; 1870 (14) 464 Section 191] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-90 was entitled: Court may permit late answer, reply or other act.

SECTION 15-13-90. [1962 Code Section 10-609; 1952 Code Section 10-609; 1942 Code Section 495; 1932 Code Section 495; Civ. P. '22 Section 437; Civ. P. '12 Section 225; Civ. P. '02 Section 195; 1870 (14) 465 Section 197] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-100 was entitled: Supplemental complaint, answer and reply.

SECTION 15-13-100. [1962 Code Section 10-610; 1952 Code Section 10-610; 1942 Code Section 498; 1932 Code Section 498; Civ. P. '22 Section 440; Civ. P. '12 Section 228; Civ. P. '02 Section 198; 1870 (14) 465 Section 200; 1953 (48) 287] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

ARTICLE 3.

COMPLAINT OR NOTICE [REPEALED]

SECTIONS 15-13-210 to 15-13-240. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-13-210. [1962 Code Section 10-631; 1952 Code Section 10-631; 1942 Code Section 455; 1932 Code Section 455; Civ. P. '22 Section 398; Civ. P. '12 Section 191; Civ. P. '02 Section 162; 1870 (14) 459 Section 164] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-220 was entitled: Contents of complaint.

SECTION 15-13-220. [1962 Code Section 10-632; 1952 Code Section 10-632; 1942 Code Section 456; 1932 Code Section 456; Civ. P. '22 Section 399; Civ. P. '12 Section 192; Civ. P. '02 Section 163; 1870 (14) 459 Section 165] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-230 was entitled: Complaint need not be served with summons.

SECTION 15-13-230. [1962 Code Section 10-633; 1952 Code Section 10-633; 1942 Code Sections 430, 8511; 1932 Code Sections 430, 8511; Civ. P. '22 Section 386; Civ. P. '12 Section 180; Civ. P. '02 Section 151; 1870 (14) 455 Section 153; 1925 (34) 252; 1930 (36) 1327; 1931 (37) 145; 1935 (39) 25; 1944 (43) 1343; 1947 (45) 561] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-240 was entitled: Serving of notice in lieu of copy of complaint.

SECTION 15-13-240. [1962 Code Section 10-634; 1952 Code Section 10-634; 1942 Code Section 431; 1932 Code Section 431; Civ. P. '22 Section 387; Civ. P. '12 Section 181; Civ. P. '02 Section 152; 1870 (14) 455 Section 154; 1930 (36) 1218; 1931 (37) 241; 1937 (40) 335] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Process and service and filing of pleadings and other papers, see SCRCP Rules 4 and 5.

Pleadings and motions, see SCRCP Rules 7 et seq.

SECTIONS 15-13-210 to 15-13-240. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-13-210. [1962 Code Section 10-631; 1952 Code Section 10-631; 1942 Code Section 455; 1932 Code Section 455; Civ. P. '22 Section 398; Civ. P. '12 Section 191; Civ. P. '02 Section 162; 1870 (14) 459 Section 164] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-220 was entitled: Contents of complaint.

SECTION 15-13-220. [1962 Code Section 10-632; 1952 Code Section 10-632; 1942 Code Section 456; 1932 Code Section 456; Civ. P. '22 Section 399; Civ. P. '12 Section 192; Civ. P. '02 Section 163; 1870 (14) 459 Section 165] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-230 was entitled: Complaint need not be served with summons.

SECTION 15-13-230. [1962 Code Section 10-633; 1952 Code Section 10-633; 1942 Code Sections 430, 8511; 1932 Code Sections 430, 8511; Civ. P. '22 Section 386; Civ. P. '12 Section 180; Civ. P. '02 Section 151; 1870 (14) 455 Section 153; 1925 (34) 252; 1930 (36) 1327; 1931 (37) 145; 1935 (39) 25; 1944 (43) 1343; 1947 (45) 561] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-240 was entitled: Serving of notice in lieu of copy of complaint.

SECTION 15-13-240. [1962 Code Section 10-634; 1952 Code Section 10-634; 1942 Code Section 431; 1932 Code Section 431; Civ. P. '22 Section 387; Civ. P. '12 Section 181; Civ. P. '02 Section 152; 1870 (14) 455 Section 154; 1930 (36) 1218; 1931 (37) 241; 1937 (40) 335] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Process and service and filing of pleadings and other papers, see SCRCP Rules 4 and 5.

Pleadings and motions, see SCRCP Rules 7 et seq.

ARTICLE 5.

DEMURRER OR ANSWER [REPEALED]

SECTIONS 15-13-310 to 15-13-440. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-13-310. [1962 Code Section 10-641; 1952 Code Section 10-641; 1942 Code Section 457; 1932 Code Section 457; Civ. P. '22 Section 400; Civ. P. '12 Section 193; Civ. P. '02 Section 164; 1870 (14) 459 Section 166] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-320 was entitled: When the defendant may demur.

SECTION 15-13-320. [1962 Code Section 10-642; 1952 Code Section 10-642; 1942 Code Section 458; 1932 Code Section 458; Civ. P. '22 Section 401; Civ. P. '12 Section 194; Civ. P. '02 Section 165; 1870 (14) 459 Section 167] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-330 was entitled: Specifications of demurrer.

SECTION 15-13-330. [1962 Code Section 10-643; 1952 Code Section 10-643; 1942 Code Section 459; 1932 Code Section 459; Civ. P. '22 Section 402; Civ. P. '12 Section 195; Civ. P. '02 Section 166; 1870 (14) 459 Section 168] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-340 was entitled: Pleading after demurrer.

SECTION 15-13-340. [1962 Code Section 10-644; 1952 Code Section 10-644; 1942 Code Section 493; 1932 Code Section 493; Civ. P. '22 Section 435; Civ. P. '12 Section 223; Civ. P. '02 Section 193; 1870 (14) 464 Section 195] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-350 was entitled: Objection to matter not appearing in complaint.

SECTION 15-13-350. [1962 Code Section 10-645; 1952 Code Section 10-645; 1942 Code Section 461; 1932 Code Section 461; Civ. P. '22 Section 404; Civ. P. '12 Section 197; Civ. P. '02 Section 168; 1870 (14) 460 Section 170] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-360 was entitled: Statute of limitations may be raised only by answer.

SECTION 15-13-360. [1962 Code Section 10-646; 1952 Code Section 10-646; 1942 Code Section 356; 1932 Code Section 356; Civ. P. '22 Section 313; Civ. P. '12 Section 119; Civ. P. '02 Section 94; 1870 (14) 444 Section 97] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.-

Former Section 15-13-370 was entitled: Failure to take objection by demurrer or answer.

SECTION 15-13-370. [1962 Code Section 10-647; 1952 Code Section 10-647; 1942 Code Section 462; 1932 Code Section 462; Civ. P. '22 Section 405; Civ. P. '12 Section 198; Civ. P. '02 Section 169; 1870 (14) 460 Section 171; 1903 (14) 130] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-380 was entitled: Reliance on jurisdictional objection; effect of subsequent pleading.

SECTION 15-13-380. [1962 Code Section 10-648; 1952 Code Section 10-648; 1942 Code Section 463; 1932 Code Section 463; Civ. P. '22 Section 406; 1919 (31) 55]Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-390 was entitled: Notice of reliance on jurisdictional objection.

SECTION 15-13-390. [1962 Code Section 10-649; 1952 Code Section 10-649; 1942 Code Section 464; 1932 Code Section 464; Civ. P. '22 Section 407; 1919 (31) 55]Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-400 was entitled: Persons who may give notice of reliance on jurisdictional objection.

SECTION 15-13-400. [1962 Code Section 10-650; 1952 Code Section 10-650; 1942 Code Section 465; 1932 Code Section 465; Civ. P. '22 Section 408; 1919 (31) 55]Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-410 was entitled: Mode of objection to jurisdiction is not exclusive.

SECTION 15-13-410. [1962 Code Section 10-651; 1952 Code Section 10-651; 1942 Code Section 466; 1932 Code Section 466; Civ. P. '22 Section 409; 1919 (31) 55]Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-420 was entitled: Contents of answer.

SECTION 15-13-420. [1962 Code Section 10-652; 1952 Code Section 10-652; 1942 Code Section 467; 1932 Code Section 467; Civ. P. '22 Section 410; Civ. P. '12 Section 199; Civ. P. '02 Section 170; 1870 (14) 460 Section 172] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-430 was entitled: Defendant may both demur and answer.

SECTION 15-13-430. [1962 Code Section 10-653; 1952 Code Section 10-653; 1942 Code Section 469; 1932 Code Section 469; Civ. P. '22 Section 412; Civ. P. '12 Section 201; Civ. P. '02 Section 172; 1870 (14) 460 Section 174] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-440 was entitled: Sham and irrelevant answers and defenses shall be stricken out.

SECTION 15-13-440. [1962 Code Section 10-654; 1952 Code Section 10-654; 1942 Code Section 470; 1932 Code Section 470; Civ. P. '22 Section 413; Civ. P. '12 Section 202; Civ. P. '02 Section 173; 1870 (14) 460 Section 175] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

For current provisions, see SCRCP.

SECTION 15-13-320 has no application to demurrer to counterclaim. Smart v. Charleston Mobile Homes, Inc. (S.C. 1977) 269 S.C. 588, 239 S.E.2d 78.

Important questions of novel impression should not be decided on demurrer. Dismukes v. Carletta (S.C. 1977) 269 S.C. 110, 236 S.E.2d 421. Pleading 216(1)

UNDER FORMER Section 15-13-330

In general 1

1. In general

Under Section 15-13-330, a demurrer that failed to specify distinctly the grounds of objection to the complaint was properly overruled, notwithstanding possible specific grounds set out by oral motion at the hearing, where such motion was not reduced to writing by counsel or by the court stenographer. Cockfield v. Jeffcoat (S.C.App. 1984) 280 S.C. 606, 313 S.E.2d 365.

UNDER FORMER Section 15-13-340

In general 1

1. In general

Plaintiffs' failure to timely amend their original complaints in a medical malpractice action or appeal the sustaining of the defendant's demurrer properly resulted in dismissal, but the dismissal did not bar a subsequent action brought before the expiration of the statute of limitations, provided the dismissal was based merely on the insufficiency of the complaint. Sealy v. Dodge (S.C. 1986) 289 S.C. 543, 347 S.E.2d 504.

There was no incompatibility between order of circuit judge allowing defendants additional 10 days "to file and serve answer 'and/or' answer and counterclaim 'and/or' answer, counterclaim, and cross-complaint," and prior order of special circuit judge directing that defendants have 10 days in which to answer or otherwise plead to complaint, since both orders allowed defendants to file responsive pleadings and neither allowed defendants to make motions. United Mach. Works, Inc. v. Williams (S.C. 1977) 268 S.C. 600, 235 S.E.2d 711.

Judge correctly vacated his ex parte order granting defendants extension of time to answer, prepare motions pertaining to, or otherwise respond to plaintiff's complaint subsequent to defendant's response by demurrer, because order was granted without notice to plaintiff's attorney and because of noncompliance with Circuit Court Rule 19. United Mach. Works, Inc. v. Williams (S.C. 1977) 268 S.C. 600, 235 S.E.2d 711.

Defendants who responded by demurrer to complaint lost right to move to make complaint more definite and certain "and/or" strike allegations from complaint. United Mach. Works, Inc. v. Williams (S.C. 1977) 268 S.C. 600, 235 S.E.2d 711. Pleading 365(1); Pleading 367(6)

UNDER FORMER Section 15-13-350

In general 1

1. In general

Misnomer of corporate land holder in complaint to foreclose mechanics lien, by omitting phrase referencing corporation's situs, which was not necessarily a material part of the corporate name, did not mislead owner of subject property to his prejudice, and did not render the action a nullity on the ground that the corporation named in the complaint lacked capacity to sue. H & H Glass Co., Inc. v. Wynne (S.C. 1986) 289 S.C. 389, 346 S.E.2d 523. Parties 94(1)

Generally, the misnomer of a corporation is not fatal where no proper and timely objection is made by a plea in abatement (demurrer). H & H Glass Co., Inc. v. Wynne (S.C. 1986) 289 S.C. 389, 346 S.E.2d 523. Parties 94(2)

UNDER FORMER Section 15-13-360

In general 1

1. In general

A statute of limitation is an affirmative defense which must be raised by answer, pursuant to Section 15-13-360, and it is a statute of grace, in that it permits the avoidance of liability in applicable cases; however, although given recognition when pleaded, it has never been favored by the courts. Davie v. Atkinson (S.C.App. 1984) 281 S.C. 102, 313 S.E.2d 648.

An action by the executrixes of an estate for the purpose of foreclosing on two notes secured by mortgages was not barred by the statute of limitations, where the action was commenced within the 20 year period provided for in Section 15-3-520(1), and where defendant was precluded from raising the statute as a defense by her failure to plead it in her answer as required by Section 15-13-360. Suttles v. Wood (S.C.App. 1984) 280 S.C. 272, 312 S.E.2d 574.

UNDER FORMER Section 15-13-370

In general 1

Objections to capacity to sue, waiver of objection 4

Waiver of objection 3

Waiver of objection - Objections to capacity to sue 4

1. In general

In an action against defendant's employer and its managers for wrongful discharge, Section 15-13-370 was not applicable where the use of the word "state" instead of "proof" in moving at the conclusion of plaintiff's evidence for nonsuit on the ground that plaintiff failed to state a cause of action was semantic only and of no substantive consequence. Ludwick v. This Minute of Carolina, Inc. (S.C.App. 1984) 283 S.C. 149, 321 S.E.2d 618, writ granted 285 S.C. 85, 328 S.E.2d 480, reversed 287 S.C. 219, 337 S.E.2d 213.

3. Waiver of objection

The failure of the plaintiff in a mortgage foreclosure action to demur within 20 days after being served with a counterclaim alleging libel and slander constituted a waiver of any objection based upon the contention that the counterclaim was not appropriate in the foreclosure action and the demurrer was properly overruled where the court did have jurisdiction of the parties to the action and the counterclaim stated facts sufficient to constitute a cause of action for libel and slander; the counterclaiming defendants' motion to interplead two lending institutions as parties-plaintiff was properly granted where the institutions had taken a 90 percent interest in the note and mortgage at issue and where, if they did not consent to become plaintiffs, the trial judge could order their joinder as parties-defendant. Pioneer Sav. & Loan Ass'n of Whiteville v. Horry Coastal Enterprises, Inc. (S.C. 1980) 275 S.C. 469, 272 S.E.2d 640.

4. ---- Objections to capacity to sue, waiver of objection

Under Section 15-13-370, a husband waived his objection to a proceeding for legal separation being maintained by his wife's agent, where he neither demurred to the petition nor asserted plaintiff's lack of capacity in his answer. Brewington v. Brewington (S.C.App. 1984) 280 S.C. 502, 313 S.E.2d 53. Parties 76(6)

UNDER FORMER Section 15-13-380

In general 1

1. In general

Defendant who had been served with a summons and complaint under the long arm statutes and who thereafter had requested an unlimited extension of time to answer could not enter a special appearance after the statutory time to answer had expired since it had compromised any right to appear specially by requesting the extension of time. Security Management, Inc. v. Schoolfield Furniture Industries, Inc. (S.C. 1980) 275 S.C. 466, 272 S.E.2d 638.

It is intent of Section 15-13-380 to permit defendant who contests jurisdiction to pursue matter to finality before answer or demurrer is required and jurisdiction issue is alive and in contest until remittitur is sent to court clerk; time for answering does not commence to run until question of jurisdiction is finally determined. Southland Mobile Homes of South Carolina, Inc. v. Associates Financial Services Co., Inc. (S.C. 1980) 274 S.C. 488, 265 S.E.2d 258.

The husband's appellate brief challenging the right to grant the divorce constituted a general appearance waiving the jurisdictional objection raised by his special appearance, even though the challenge to the divorce was not raised at the trial level. Nocher v. Nocher (S.C. 1977) 268 S.C. 503, 234 S.E.2d 884.

UNDER FORMER Section 15-13-420

In general 1

Counterclaim 7

Form of denial, general or specific denial 3

General or specific denial 2

General or specific denial - Form of denial 3

1. In general

Trial judge improperly denied purchaser of tax deed opportunity to defend against entry of judgment on ground on which order rested by rendering his decision on basis not advanced by pleadings, inadequacy of consideration, an affirmative defense, which was not pled by delinquent taxpayer. Patterson v. Goldsmith (S.C.App. 1987) 292 S.C. 619, 358 S.E.2d 163.

Plea of res judicata is an affirmative defense and must be pleaded. South Carolina Dept. of Social Services v. Foggie (S.C. 1978) 271 S.C. 109, 245 S.E.2d 423. Judgment 948(1)

2. General or specific denial

General denial does not place at issue the question of whether defendant's signature on an instrument is genuine. National Equipment, Ltd. v. David Jones Sales, Trucking Division, Inc. (S.C. 1977) 268 S.C. 551, 235 S.E.2d 125.

A claim of charitable immunity must be pleaded as an affirmative defense. Crowley v. Bob Jones University (S.C. 1977) 268 S.C. 492, 234 S.E.2d 879.

Assertion of "unavoidable accident" is not an affirmative defense, and may be pleaded with the general denials. Tucker v. Reynolds (S.C. 1977) 268 S.C. 330, 233 S.E.2d 402.

3. ---- Form of denial, general or specific denial

Allegation that defendant "is an eleemosynary corporation created for charitable and benevolent purposes" contains sufficient ultimate facts to raise defense of charitable immunity. Crowley v. Bob Jones University (S.C. 1977) 268 S.C. 492, 234 S.E.2d 879.

7. Counterclaim

The failure of the plaintiff in a mortgage foreclosure action to demur within 20 days after being served with a counterclaim alleging libel and slander constituted a waiver of any objection based upon the contention that the counterclaim was not appropriate in the foreclosure action and the demurrer was properly overruled where the court did have jurisdiction of the parties to the action and the counterclaim stated facts sufficient to constitute a cause of action for libel and slander; the counterclaiming defendants' motion to interplead two lending institutions as parties-plaintiff as properly granted where the institutions had taken a 90 percent interest in the note and mortgage at issue and where, if they did not consent to become plaintiffs, the trial judge could order their joinder as parties-defendant. Pioneer Sav. & Loan Ass'n of Whiteville v. Horry Coastal Enterprises, Inc. (S.C. 1980) 275 S.C. 469, 272 S.E.2d 640.

Action upon covenant not to sue cannot be maintained as counterclaim in contract action brought by purchaser of mobile home against retailer and manufacturer, since cause of action upon covenant between purchaser and manufacturer did not exist at time of commencement of action. Smart v. Charleston Mobile Homes, Inc. (S.C. 1977) 269 S.C. 588, 239 S.E.2d 78.

UNDER FORMER Section 15-13-440

"Irrelevant" 10

10. "Irrelevant"

Under the system of civil procedure existing prior to July 1, 1985, a motion to strike an entire defense on the grounds that it was irrelevant or immaterial was the equivalent of demurrer. Insurance Co. of North America v. Hyatt (S.C.App. 1986) 290 S.C. 159, 348 S.E.2d 532. Appeal And Error 919; Pleading 354

In an action by a surety against a home builder on an indemnity contract, where the surety bond application required the home builder to indemnify the surety for all sums paid in consequence of its suretyship, and it was undisputed that the surety had incurred losses in correcting defects in work done by the home builder, the builder's defenses challenging the constitutionality of the South Carolina Residential Home Builders Commission and its regulations were property stricken as irrelevant under Section 15-13-440. Aetna Cas. & Sur. Co. v. Golightly (S.C. 1985) 289 S.C. 408, 338 S.E.2d 153.

SECTIONS 15-13-310 to 15-13-440. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-13-310. [1962 Code Section 10-641; 1952 Code Section 10-641; 1942 Code Section 457; 1932 Code Section 457; Civ. P. '22 Section 400; Civ. P. '12 Section 193; Civ. P. '02 Section 164; 1870 (14) 459 Section 166] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-320 was entitled: When the defendant may demur.

SECTION 15-13-320. [1962 Code Section 10-642; 1952 Code Section 10-642; 1942 Code Section 458; 1932 Code Section 458; Civ. P. '22 Section 401; Civ. P. '12 Section 194; Civ. P. '02 Section 165; 1870 (14) 459 Section 167] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-330 was entitled: Specifications of demurrer.

SECTION 15-13-330. [1962 Code Section 10-643; 1952 Code Section 10-643; 1942 Code Section 459; 1932 Code Section 459; Civ. P. '22 Section 402; Civ. P. '12 Section 195; Civ. P. '02 Section 166; 1870 (14) 459 Section 168] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-340 was entitled: Pleading after demurrer.

SECTION 15-13-340. [1962 Code Section 10-644; 1952 Code Section 10-644; 1942 Code Section 493; 1932 Code Section 493; Civ. P. '22 Section 435; Civ. P. '12 Section 223; Civ. P. '02 Section 193; 1870 (14) 464 Section 195] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-350 was entitled: Objection to matter not appearing in complaint.

SECTION 15-13-350. [1962 Code Section 10-645; 1952 Code Section 10-645; 1942 Code Section 461; 1932 Code Section 461; Civ. P. '22 Section 404; Civ. P. '12 Section 197; Civ. P. '02 Section 168; 1870 (14) 460 Section 170] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-360 was entitled: Statute of limitations may be raised only by answer.

SECTION 15-13-360. [1962 Code Section 10-646; 1952 Code Section 10-646; 1942 Code Section 356; 1932 Code Section 356; Civ. P. '22 Section 313; Civ. P. '12 Section 119; Civ. P. '02 Section 94; 1870 (14) 444 Section 97] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.-

Former Section 15-13-370 was entitled: Failure to take objection by demurrer or answer.

SECTION 15-13-370. [1962 Code Section 10-647; 1952 Code Section 10-647; 1942 Code Section 462; 1932 Code Section 462; Civ. P. '22 Section 405; Civ. P. '12 Section 198; Civ. P. '02 Section 169; 1870 (14) 460 Section 171; 1903 (14) 130] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-380 was entitled: Reliance on jurisdictional objection; effect of subsequent pleading.

SECTION 15-13-380. [1962 Code Section 10-648; 1952 Code Section 10-648; 1942 Code Section 463; 1932 Code Section 463; Civ. P. '22 Section 406; 1919 (31) 55]Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-390 was entitled: Notice of reliance on jurisdictional objection.

SECTION 15-13-390. [1962 Code Section 10-649; 1952 Code Section 10-649; 1942 Code Section 464; 1932 Code Section 464; Civ. P. '22 Section 407; 1919 (31) 55]Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-400 was entitled: Persons who may give notice of reliance on jurisdictional objection.

SECTION 15-13-400. [1962 Code Section 10-650; 1952 Code Section 10-650; 1942 Code Section 465; 1932 Code Section 465; Civ. P. '22 Section 408; 1919 (31) 55]Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-410 was entitled: Mode of objection to jurisdiction is not exclusive.

SECTION 15-13-410. [1962 Code Section 10-651; 1952 Code Section 10-651; 1942 Code Section 466; 1932 Code Section 466; Civ. P. '22 Section 409; 1919 (31) 55]Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-420 was entitled: Contents of answer.

SECTION 15-13-420. [1962 Code Section 10-652; 1952 Code Section 10-652; 1942 Code Section 467; 1932 Code Section 467; Civ. P. '22 Section 410; Civ. P. '12 Section 199; Civ. P. '02 Section 170; 1870 (14) 460 Section 172] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-430 was entitled: Defendant may both demur and answer.

SECTION 15-13-430. [1962 Code Section 10-653; 1952 Code Section 10-653; 1942 Code Section 469; 1932 Code Section 469; Civ. P. '22 Section 412; Civ. P. '12 Section 201; Civ. P. '02 Section 172; 1870 (14) 460 Section 174] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-440 was entitled: Sham and irrelevant answers and defenses shall be stricken out.

SECTION 15-13-440. [1962 Code Section 10-654; 1952 Code Section 10-654; 1942 Code Section 470; 1932 Code Section 470; Civ. P. '22 Section 413; Civ. P. '12 Section 202; Civ. P. '02 Section 173; 1870 (14) 460 Section 175] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

For current provisions, see SCRCP.

SECTION 15-13-320 has no application to demurrer to counterclaim. Smart v. Charleston Mobile Homes, Inc. (S.C. 1977) 269 S.C. 588, 239 S.E.2d 78.

Important questions of novel impression should not be decided on demurrer. Dismukes v. Carletta (S.C. 1977) 269 S.C. 110, 236 S.E.2d 421. Pleading 216(1)

UNDER FORMER Section 15-13-330

In general 1

1. In general

Under Section 15-13-330, a demurrer that failed to specify distinctly the grounds of objection to the complaint was properly overruled, notwithstanding possible specific grounds set out by oral motion at the hearing, where such motion was not reduced to writing by counsel or by the court stenographer. Cockfield v. Jeffcoat (S.C.App. 1984) 280 S.C. 606, 313 S.E.2d 365.

UNDER FORMER Section 15-13-340

In general 1

1. In general

Plaintiffs' failure to timely amend their original complaints in a medical malpractice action or appeal the sustaining of the defendant's demurrer properly resulted in dismissal, but the dismissal did not bar a subsequent action brought before the expiration of the statute of limitations, provided the dismissal was based merely on the insufficiency of the complaint. Sealy v. Dodge (S.C. 1986) 289 S.C. 543, 347 S.E.2d 504.

There was no incompatibility between order of circuit judge allowing defendants additional 10 days "to file and serve answer 'and/or' answer and counterclaim 'and/or' answer, counterclaim, and cross-complaint," and prior order of special circuit judge directing that defendants have 10 days in which to answer or otherwise plead to complaint, since both orders allowed defendants to file responsive pleadings and neither allowed defendants to make motions. United Mach. Works, Inc. v. Williams (S.C. 1977) 268 S.C. 600, 235 S.E.2d 711.

Judge correctly vacated his ex parte order granting defendants extension of time to answer, prepare motions pertaining to, or otherwise respond to plaintiff's complaint subsequent to defendant's response by demurrer, because order was granted without notice to plaintiff's attorney and because of noncompliance with Circuit Court Rule 19. United Mach. Works, Inc. v. Williams (S.C. 1977) 268 S.C. 600, 235 S.E.2d 711.

Defendants who responded by demurrer to complaint lost right to move to make complaint more definite and certain "and/or" strike allegations from complaint. United Mach. Works, Inc. v. Williams (S.C. 1977) 268 S.C. 600, 235 S.E.2d 711. Pleading 365(1); Pleading 367(6)

UNDER FORMER Section 15-13-350

In general 1

1. In general

Misnomer of corporate land holder in complaint to foreclose mechanics lien, by omitting phrase referencing corporation's situs, which was not necessarily a material part of the corporate name, did not mislead owner of subject property to his prejudice, and did not render the action a nullity on the ground that the corporation named in the complaint lacked capacity to sue. H & H Glass Co., Inc. v. Wynne (S.C. 1986) 289 S.C. 389, 346 S.E.2d 523. Parties 94(1)

Generally, the misnomer of a corporation is not fatal where no proper and timely objection is made by a plea in abatement (demurrer). H & H Glass Co., Inc. v. Wynne (S.C. 1986) 289 S.C. 389, 346 S.E.2d 523. Parties 94(2)

UNDER FORMER Section 15-13-360

In general 1

1. In general

A statute of limitation is an affirmative defense which must be raised by answer, pursuant to Section 15-13-360, and it is a statute of grace, in that it permits the avoidance of liability in applicable cases; however, although given recognition when pleaded, it has never been favored by the courts. Davie v. Atkinson (S.C.App. 1984) 281 S.C. 102, 313 S.E.2d 648.

An action by the executrixes of an estate for the purpose of foreclosing on two notes secured by mortgages was not barred by the statute of limitations, where the action was commenced within the 20 year period provided for in Section 15-3-520(1), and where defendant was precluded from raising the statute as a defense by her failure to plead it in her answer as required by Section 15-13-360. Suttles v. Wood (S.C.App. 1984) 280 S.C. 272, 312 S.E.2d 574.

UNDER FORMER Section 15-13-370

In general 1

Objections to capacity to sue, waiver of objection 4

Waiver of objection 3

Waiver of objection - Objections to capacity to sue 4

1. In general

In an action against defendant's employer and its managers for wrongful discharge, Section 15-13-370 was not applicable where the use of the word "state" instead of "proof" in moving at the conclusion of plaintiff's evidence for nonsuit on the ground that plaintiff failed to state a cause of action was semantic only and of no substantive consequence. Ludwick v. This Minute of Carolina, Inc. (S.C.App. 1984) 283 S.C. 149, 321 S.E.2d 618, writ granted 285 S.C. 85, 328 S.E.2d 480, reversed 287 S.C. 219, 337 S.E.2d 213.

3. Waiver of objection

The failure of the plaintiff in a mortgage foreclosure action to demur within 20 days after being served with a counterclaim alleging libel and slander constituted a waiver of any objection based upon the contention that the counterclaim was not appropriate in the foreclosure action and the demurrer was properly overruled where the court did have jurisdiction of the parties to the action and the counterclaim stated facts sufficient to constitute a cause of action for libel and slander; the counterclaiming defendants' motion to interplead two lending institutions as parties-plaintiff was properly granted where the institutions had taken a 90 percent interest in the note and mortgage at issue and where, if they did not consent to become plaintiffs, the trial judge could order their joinder as parties-defendant. Pioneer Sav. & Loan Ass'n of Whiteville v. Horry Coastal Enterprises, Inc. (S.C. 1980) 275 S.C. 469, 272 S.E.2d 640.

4. ---- Objections to capacity to sue, waiver of objection

Under Section 15-13-370, a husband waived his objection to a proceeding for legal separation being maintained by his wife's agent, where he neither demurred to the petition nor asserted plaintiff's lack of capacity in his answer. Brewington v. Brewington (S.C.App. 1984) 280 S.C. 502, 313 S.E.2d 53. Parties 76(6)

UNDER FORMER Section 15-13-380

In general 1

1. In general

Defendant who had been served with a summons and complaint under the long arm statutes and who thereafter had requested an unlimited extension of time to answer could not enter a special appearance after the statutory time to answer had expired since it had compromised any right to appear specially by requesting the extension of time. Security Management, Inc. v. Schoolfield Furniture Industries, Inc. (S.C. 1980) 275 S.C. 466, 272 S.E.2d 638.

It is intent of Section 15-13-380 to permit defendant who contests jurisdiction to pursue matter to finality before answer or demurrer is required and jurisdiction issue is alive and in contest until remittitur is sent to court clerk; time for answering does not commence to run until question of jurisdiction is finally determined. Southland Mobile Homes of South Carolina, Inc. v. Associates Financial Services Co., Inc. (S.C. 1980) 274 S.C. 488, 265 S.E.2d 258.

The husband's appellate brief challenging the right to grant the divorce constituted a general appearance waiving the jurisdictional objection raised by his special appearance, even though the challenge to the divorce was not raised at the trial level. Nocher v. Nocher (S.C. 1977) 268 S.C. 503, 234 S.E.2d 884.

UNDER FORMER Section 15-13-420

In general 1

Counterclaim 7

Form of denial, general or specific denial 3

General or specific denial 2

General or specific denial - Form of denial 3

1. In general

Trial judge improperly denied purchaser of tax deed opportunity to defend against entry of judgment on ground on which order rested by rendering his decision on basis not advanced by pleadings, inadequacy of consideration, an affirmative defense, which was not pled by delinquent taxpayer. Patterson v. Goldsmith (S.C.App. 1987) 292 S.C. 619, 358 S.E.2d 163.

Plea of res judicata is an affirmative defense and must be pleaded. South Carolina Dept. of Social Services v. Foggie (S.C. 1978) 271 S.C. 109, 245 S.E.2d 423. Judgment 948(1)

2. General or specific denial

General denial does not place at issue the question of whether defendant's signature on an instrument is genuine. National Equipment, Ltd. v. David Jones Sales, Trucking Division, Inc. (S.C. 1977) 268 S.C. 551, 235 S.E.2d 125.

A claim of charitable immunity must be pleaded as an affirmative defense. Crowley v. Bob Jones University (S.C. 1977) 268 S.C. 492, 234 S.E.2d 879.

Assertion of "unavoidable accident" is not an affirmative defense, and may be pleaded with the general denials. Tucker v. Reynolds (S.C. 1977) 268 S.C. 330, 233 S.E.2d 402.

3. ---- Form of denial, general or specific denial

Allegation that defendant "is an eleemosynary corporation created for charitable and benevolent purposes" contains sufficient ultimate facts to raise defense of charitable immunity. Crowley v. Bob Jones University (S.C. 1977) 268 S.C. 492, 234 S.E.2d 879.

7. Counterclaim

The failure of the plaintiff in a mortgage foreclosure action to demur within 20 days after being served with a counterclaim alleging libel and slander constituted a waiver of any objection based upon the contention that the counterclaim was not appropriate in the foreclosure action and the demurrer was properly overruled where the court did have jurisdiction of the parties to the action and the counterclaim stated facts sufficient to constitute a cause of action for libel and slander; the counterclaiming defendants' motion to interplead two lending institutions as parties-plaintiff as properly granted where the institutions had taken a 90 percent interest in the note and mortgage at issue and where, if they did not consent to become plaintiffs, the trial judge could order their joinder as parties-defendant. Pioneer Sav. & Loan Ass'n of Whiteville v. Horry Coastal Enterprises, Inc. (S.C. 1980) 275 S.C. 469, 272 S.E.2d 640.

Action upon covenant not to sue cannot be maintained as counterclaim in contract action brought by purchaser of mobile home against retailer and manufacturer, since cause of action upon covenant between purchaser and manufacturer did not exist at time of commencement of action. Smart v. Charleston Mobile Homes, Inc. (S.C. 1977) 269 S.C. 588, 239 S.E.2d 78.

UNDER FORMER Section 15-13-440

"Irrelevant" 10

10. "Irrelevant"

Under the system of civil procedure existing prior to July 1, 1985, a motion to strike an entire defense on the grounds that it was irrelevant or immaterial was the equivalent of demurrer. Insurance Co. of North America v. Hyatt (S.C.App. 1986) 290 S.C. 159, 348 S.E.2d 532. Appeal And Error 919; Pleading 354

In an action by a surety against a home builder on an indemnity contract, where the surety bond application required the home builder to indemnify the surety for all sums paid in consequence of its suretyship, and it was undisputed that the surety had incurred losses in correcting defects in work done by the home builder, the builder's defenses challenging the constitutionality of the South Carolina Residential Home Builders Commission and its regulations were property stricken as irrelevant under Section 15-13-440. Aetna Cas. & Sur. Co. v. Golightly (S.C. 1985) 289 S.C. 408, 338 S.E.2d 153.

ARTICLE 7.

SUBSEQUENT PLEADINGS [REPEALED]

SECTIONS 15-13-610 to 15-13-630. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-13-610. [1962 Code Section 10-661; 1952 Code Section 10-661; 1942 Code Section 471; 1932 Code Section 471; Civ. P. '22 Section 414; Civ. P. '12 Section 203; Civ. P. '02 Section 174; 1870 (14) 461 Section 176] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-620 was entitled: Motion for judgment upon counterclaim.

SECTION 15-13-620. [1962 Code Section 10-662; 1952 Code Section 10-662; 1942 Code Section 472; 1932 Code Section 472; Civ. P. '22 Section 415; Civ. P. '12 Section 204; Civ. P. '02 Section 175; 1870 (14) 461 Section 177] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-630 was entitled: Demurrer to reply.

SECTION 15-13-630. [1962 Code Section 10-663; 1952 Code Section 10-663; 1942 Code Section 473; 1932 Code Section 473; Civ. P. '22 Section 416; Civ. P. '12 Section 205; Civ. P. '02 Section 176; 1870 (14) 461 Section 178] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

For current provisions, see South Carolina Rules of Civil Procedure.

SECTIONS 15-13-610 to 15-13-630. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-13-610. [1962 Code Section 10-661; 1952 Code Section 10-661; 1942 Code Section 471; 1932 Code Section 471; Civ. P. '22 Section 414; Civ. P. '12 Section 203; Civ. P. '02 Section 174; 1870 (14) 461 Section 176] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-620 was entitled: Motion for judgment upon counterclaim.

SECTION 15-13-620. [1962 Code Section 10-662; 1952 Code Section 10-662; 1942 Code Section 472; 1932 Code Section 472; Civ. P. '22 Section 415; Civ. P. '12 Section 204; Civ. P. '02 Section 175; 1870 (14) 461 Section 177] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-630 was entitled: Demurrer to reply.

SECTION 15-13-630. [1962 Code Section 10-663; 1952 Code Section 10-663; 1942 Code Section 473; 1932 Code Section 473; Civ. P. '22 Section 416; Civ. P. '12 Section 205; Civ. P. '02 Section 176; 1870 (14) 461 Section 178] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

For current provisions, see South Carolina Rules of Civil Procedure.

ARTICLE 9.

PLEADINGS IN CERTAIN PARTICULAR CASES [REPEALED]

SECTIONS 15-13-710 to 15-13-800. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-13-710. [1962 Code Section 10-671; 1952 Code Section 10-671; 1942 Code Section 476; 1932 Code Section 476; Civ. P. '22 Section 419; Civ. P. '12 Section 208; Civ. P. '02 Section 179; 1870 (14) 462 Section 181] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-720 was entitled: Pleading a judgment or other determination.

SECTION 15-13-720. [1962 Code Section 10-672; 1952 Code Section 10-672; 1942 Code Section 479; 1932 Code Section 479; Civ. P. '22 Section 422; Civ. P. '12 Section 211; Civ. P. '02 Section 182; 1870 (14) 462 Section 184] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-730 was entitled: Pleading performance of conditions precedent.

SECTION 15-13-730. [1962 Code Section 10-673; 1952 Code Section 10-673; 1942 Code Section 480; 1932 Code Section 480; Civ. P. '22 Section 423; Civ. P. '12 Section 212; Civ. P. '02 Section 183; 1870 (14) 462 Section 185] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-740 was entitled: Pleading on instrument for payment of money.

SECTION 15-13-740. [1962 Code Section 10-674; 1952 Code Section 10-674; 1942 Code Section 480; 1932 Code Section 480; Civ. P. '22 Section 423; Civ. P. '12 Section 212; Civ. P. '02 Section 183; 1870 (14) 462 Section 185] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-750 was entitled: Pleading private statutes.

SECTION 15-13-750. [1962 Code Section 10-675; 1952 Code Section 10-675; 1942 Code Section 481; 1932 Code Section 481; Civ. P. '22 Section 424; Civ. P. '12 Section 213; Civ. P. '02 Section 184; 1870 (14) 463 Section 186] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-760 was entitled: Pleading libel and slander; complaint.

SECTION 15-13-760. [1962 Code Section 10-676; 1952 Code Section 10-676; 1942 Code Section 482; 1932 Code Section 482; Civ. P. '22 Section 425; Civ. P. '12 Section 214; Civ. P. '02 Section 185; 1870 (14) 463 Section 187] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-770 was entitled: Pleading libel and slander; answer.

SECTION 15-13-770. [1962 Code Section 10-677; 1952 Code Section 10-677; 1942 Code Section 483; 1932 Code Section 483; Civ. P. '22 Section 426; Civ. P. '12 Section 215; Civ. P. '02 Section 186; 1870 (14) 463 Section 188] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-780 was entitled: Pleading when vindictive, punitive or exemplary damages are asked.

SECTION 15-13-780. [1962 Code Section 10-678; 1952 Code Section 10-678; 1942 Code Section 484; 1932 Code Section 484; Civ. P. '22 Section 427; Civ. P. '12 Section 216; Civ. P. '02 Section 186a; 1898 (22) 693] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-790 was entitled: Pleading when two or more wrongful acts are alleged.

SECTION 15-13-790. [1962 Code Section 10-679; 1952 Code Section 10-679; 1942 Code Section 484; 1932 Code Section 484; Civ. P. '22 Section 427; Civ. P. '12 Section 216; Civ. P. '02 Section 186a; 1898 (22) 693] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-800 was entitled: Answers in actions to recover property distrained for doing damage.

SECTION 15-13-800. [1962 Code Section 10-680; 1952 Code Section 10-680; 1942 Code Section 486; 1932 Code Section 486; Civ. P. '22 Section 429; Civ. P. '12 Section 217; Civ. P. '02 Section 187; 1870 (14) 463 Section 189] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

For similar provisions, see SCRCP.

SECTIONS 15-13-710 to 15-13-800. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-13-710. [1962 Code Section 10-671; 1952 Code Section 10-671; 1942 Code Section 476; 1932 Code Section 476; Civ. P. '22 Section 419; Civ. P. '12 Section 208; Civ. P. '02 Section 179; 1870 (14) 462 Section 181] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-720 was entitled: Pleading a judgment or other determination.

SECTION 15-13-720. [1962 Code Section 10-672; 1952 Code Section 10-672; 1942 Code Section 479; 1932 Code Section 479; Civ. P. '22 Section 422; Civ. P. '12 Section 211; Civ. P. '02 Section 182; 1870 (14) 462 Section 184] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-730 was entitled: Pleading performance of conditions precedent.

SECTION 15-13-730. [1962 Code Section 10-673; 1952 Code Section 10-673; 1942 Code Section 480; 1932 Code Section 480; Civ. P. '22 Section 423; Civ. P. '12 Section 212; Civ. P. '02 Section 183; 1870 (14) 462 Section 185] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-740 was entitled: Pleading on instrument for payment of money.

SECTION 15-13-740. [1962 Code Section 10-674; 1952 Code Section 10-674; 1942 Code Section 480; 1932 Code Section 480; Civ. P. '22 Section 423; Civ. P. '12 Section 212; Civ. P. '02 Section 183; 1870 (14) 462 Section 185] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-750 was entitled: Pleading private statutes.

SECTION 15-13-750. [1962 Code Section 10-675; 1952 Code Section 10-675; 1942 Code Section 481; 1932 Code Section 481; Civ. P. '22 Section 424; Civ. P. '12 Section 213; Civ. P. '02 Section 184; 1870 (14) 463 Section 186] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-760 was entitled: Pleading libel and slander; complaint.

SECTION 15-13-760. [1962 Code Section 10-676; 1952 Code Section 10-676; 1942 Code Section 482; 1932 Code Section 482; Civ. P. '22 Section 425; Civ. P. '12 Section 214; Civ. P. '02 Section 185; 1870 (14) 463 Section 187] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-770 was entitled: Pleading libel and slander; answer.

SECTION 15-13-770. [1962 Code Section 10-677; 1952 Code Section 10-677; 1942 Code Section 483; 1932 Code Section 483; Civ. P. '22 Section 426; Civ. P. '12 Section 215; Civ. P. '02 Section 186; 1870 (14) 463 Section 188] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-780 was entitled: Pleading when vindictive, punitive or exemplary damages are asked.

SECTION 15-13-780. [1962 Code Section 10-678; 1952 Code Section 10-678; 1942 Code Section 484; 1932 Code Section 484; Civ. P. '22 Section 427; Civ. P. '12 Section 216; Civ. P. '02 Section 186a; 1898 (22) 693] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-790 was entitled: Pleading when two or more wrongful acts are alleged.

SECTION 15-13-790. [1962 Code Section 10-679; 1952 Code Section 10-679; 1942 Code Section 484; 1932 Code Section 484; Civ. P. '22 Section 427; Civ. P. '12 Section 216; Civ. P. '02 Section 186a; 1898 (22) 693] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-800 was entitled: Answers in actions to recover property distrained for doing damage.

SECTION 15-13-800. [1962 Code Section 10-680; 1952 Code Section 10-680; 1942 Code Section 486; 1932 Code Section 486; Civ. P. '22 Section 429; Civ. P. '12 Section 217; Civ. P. '02 Section 187; 1870 (14) 463 Section 189] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

For similar provisions, see SCRCP.

ARTICLE 11.

AMENDMENTS AND VARIANCES [REPEALED]

SECTIONS 15-13-910 to 15-13-960. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-13-910. [1962 Code Section 10-691; 1952 Code Section 10-691; 1942 Code Section 493; 1932 Code Section 493; Civ. P. '22 Section 435; Civ. P. '12 Section 223; Civ. P. '02 Section 193; 1870 (14) 464 Section 195] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-920 was entitled: Amendments by the court.

SECTION 15-13-920. [1962 Code Section 10-692; 1952 Code Section 10-692; 1942 Code Section 494; 1932 Code Section 494; Civ. P. '22 Section 436; Civ. P. '12 Section 224; Civ. P. '02 Section 194; 1870 (14) 465 Section 196] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-930 was entitled: Material variances.

SECTION 15-13-930. [1962 Code Section 10-693; 1952 Code Section 10-693; 1942 Code Section 490; 1932 Code Section 490; Civ. P. '22 Section 432; Civ. P. '12 Section 220; Civ. P. '02 Section 190; 1870 (14) 464 Section 192] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-940 was entitled: Immaterial variances.

SECTION 15-13-940. [1962 Code Section 10-694; 1952 Code Section 10-694; 1942 Code Section 491; 1932 Code Section 491; Civ. P. '22 Section 433; Civ. P. '12 Section 221; Civ. P. '02 Section 191; 1870 (14) 464 Section 193] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-950 was entitled: Allegation which is deemed failure of proof and not variance.

SECTION 15-13-950. [1962 Code Section 10-695; 1952 Code Section 10-695; 1942 Code Section 492; 1932 Code Section 492; Civ. P. '22 Section 434; Civ. P. '12 Section 222; Civ. P. '02 Section 192; 1870 (14) 464 Section 194] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-960 was entitled: Procedure followed if complaint be amended.

SECTION 15-13-960. [1962 Code Section 10-696; 1952 Code Section 10-696; 1942 Code Section 460; 1932 Code Section 460; Civ. P. '22 Section 403; Civ. P. '12 Section 196; Civ. P. '02 Section 167; 1870 (14) 459 Section 169] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

For amended and supplemental pleadings, see SCRCP Rule 15.

SECTIONS 15-13-910 to 15-13-960. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-13-910. [1962 Code Section 10-691; 1952 Code Section 10-691; 1942 Code Section 493; 1932 Code Section 493; Civ. P. '22 Section 435; Civ. P. '12 Section 223; Civ. P. '02 Section 193; 1870 (14) 464 Section 195] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-920 was entitled: Amendments by the court.

SECTION 15-13-920. [1962 Code Section 10-692; 1952 Code Section 10-692; 1942 Code Section 494; 1932 Code Section 494; Civ. P. '22 Section 436; Civ. P. '12 Section 224; Civ. P. '02 Section 194; 1870 (14) 465 Section 196] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-930 was entitled: Material variances.

SECTION 15-13-930. [1962 Code Section 10-693; 1952 Code Section 10-693; 1942 Code Section 490; 1932 Code Section 490; Civ. P. '22 Section 432; Civ. P. '12 Section 220; Civ. P. '02 Section 190; 1870 (14) 464 Section 192] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-940 was entitled: Immaterial variances.

SECTION 15-13-940. [1962 Code Section 10-694; 1952 Code Section 10-694; 1942 Code Section 491; 1932 Code Section 491; Civ. P. '22 Section 433; Civ. P. '12 Section 221; Civ. P. '02 Section 191; 1870 (14) 464 Section 193] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-950 was entitled: Allegation which is deemed failure of proof and not variance.

SECTION 15-13-950. [1962 Code Section 10-695; 1952 Code Section 10-695; 1942 Code Section 492; 1932 Code Section 492; Civ. P. '22 Section 434; Civ. P. '12 Section 222; Civ. P. '02 Section 192; 1870 (14) 464 Section 194] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-13-960 was entitled: Procedure followed if complaint be amended.

SECTION 15-13-960. [1962 Code Section 10-696; 1952 Code Section 10-696; 1942 Code Section 460; 1932 Code Section 460; Civ. P. '22 Section 403; Civ. P. '12 Section 196; Civ. P. '02 Section 167; 1870 (14) 459 Section 169] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

For amended and supplemental pleadings, see SCRCP Rule 15.