8 South Carolina opinions name it 2 courts 1941–2022 1 in the last five years
The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Overcash v. South Carolina Electric & Gas Co.green2 sentences2014Electric & Gas Co., 364 S.C. 569, 572 , 614 S.E.2d 619, 620 (2005) ("A motion to dismiss a claim pursuant to Rule 12(b)(6), SCRCP, must be based solely on the allegations set forth on the face of the complaint."). 2014Electric & Gas Co., 364 S.C. 569, 572 , 614 S.E.2d 619, 620 (2005) ("A motion to dismiss a claim pursuant to Rule 12(b)(6), SCRCP, must be based solely on the allegations set forth on the face of the complaint."). | 4 | 4 |
McCormick v. Englandgreen2 sentences2016See Rule 10(c), SCRCP (“A copy of any plat, photograph, diagram, document, or other paper which is an exhibit to a pleading is a part thereof for all purposes if a copy is attached to such pleading.”); McCormick v. England, 328 S.C. 627, 632-33 , 494 S.E.2d 431, 433 (Ct. App. 1997) (“A ruling on a motion to dismiss a claim must be based solely on the allegations set forth on the face of the complaint.”). 2016See Rule 10(c), SCRCP (“A copy of any plat, photograph, diagram, document, or other paper which is an exhibit to a pleading is a part thereof for all purposes if a copy is attached to such pleading.”); McCormick v. England, 328 S.C. 627, 632-33 , 494 S.E.2d 431, 433 (Ct. App. 1997) (“A ruling on a motion to dismiss a claim must be based solely on the allegations set forth on the face of the complaint.”). | 1 | 3 |
Russell v. City of Columbiagreen2 sentences2007Elec. & Gas Co. , 364 S.C. 569, 572 , 614 S.E.2d 619, 620 (2005). The motion will not be sustained if the facts alleged and the inferences reasonably deducible therefrom would entitle the plaintiff to relief on any theory of the case. Id. [A] judgment on the pleadings is considered to be a drastic procedure by our courts. Russell v. City of Columbia , 305 S.C. 86, 89 , 406 S.E.2d 338, 339 (1991); see also United Educ. 2007Elec. & Gas Co. , 364 S.C. 569, 572 , 614 S.E.2d 619, 620 (2005). The motion will not be sustained if the facts alleged and the inferences reasonably deducible therefrom would entitle the plaintiff to relief on any theory of the case. Id. [A] judgment on the pleadings is considered to be a drastic procedure by our courts. Russell v. City of Columbia , 305 S.C. 86, 89 , 406 S.E.2d 338, 339 (1991); see also United Educ. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ham v. Mullins Lumber Co.
green
1 sentence1941That .it was error to refuse to deny the motion to dismiss this claim for the reasons stated in the Record.” In his judgment by which he undertook to i-everse the full commission and reinstate the award of the hearing commissioner, the learned Circuit Judge held under the cited authority of Ham v. Mullins Lumber Company, 193 S. C., *464 66, 7 S. E. (2d), 712 , 715, that the above-quoted first and third grounds of the appellants were too general and should on that account not have been considered by the full commission; and as to the second ground, res judicata, he held that the commission had | 1 | 1941–1941 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.