Akers v. Hard

7 Citing cases

  1. Thomas R. v. South Carolina Department of Social Services

    313 S.E.2d 350 (S.C. Ct. App. 1984)   Cited 8 times
    Determining whether DSS must consent to an adoption when DSS has temporary custody of a minor who is already free for adoption

    DSS claims that is acquired custody of Krystie when the court terminated the fathers' parental rights on the ground of abandonment under Section 20-7-1590 and when Krystie's mother relinquished the child for adoption to DSS under Section 20-7-1710(d). Because DSS has custody, it claims that its consent is necessary for an adoption to occur. DSS relies on the case of Akers v. Hard, 275 S.C. 100, 267 S.E.2d 536 (1980), which states in a footnote: Adoptions in South Carolina are purely statutory; the process by which an adoption takes place is determined

  2. Brady v. Children's Bureau of S.C

    275 S.C. 622 (S.C. 1981)   Cited 16 times
    Discussing the State's role as parens patriae in enacting adoption statutes

    We agree for the reasons set forth herein. Adoption is a creation of statutory law in this State. Akers v. Hard, S.C. 267 S.E.2d 536 (1980). Recognizing that children are at times born into circumstances wherein their natural parents cannot or will not care for them, the State in its role as parens patriae developed the adoption process to assure stable homes for these children.

  3. Jet Park International v. Thomas

    343 S.E.2d 33 (S.C. Ct. App. 1986)   Cited 1 times

    A demurrer admits all facts that are well pleaded in the complaint, but it does not admit the inferences drawn by the plaintiff from such facts and it does not admit conclusions of law pleaded therein. Akers v. Hard, 275 S.C. 100, 267 S.E.2d 536 (1980). A demurrer may be sustained only where the complaint, viewed in a light most favorable to the plaintiff, fails to allege sufficient facts to constitute a cause of action.

  4. Corder v. Champion Rd. Machinery

    283 S.C. 520 (S.C. Ct. App. 1984)   Cited 21 times
    Holding that plaintiffs' allegation that they were fired in retaliation for exercising their legal rights was insufficient as a matter of law to constitute outrage

    A demurrer admits the well pleaded facts in the complaint; it does not admit conclusions of law. Akers v. Hard, 275 S.C. 100, 267 S.E.2d 536 (1980). I.

  5. Carrington v. the City of Spartanburg

    283 S.C. 298 (S.C. Ct. App. 1984)   Cited 3 times

    In passing on a demurrer, this Court is limited to consideration of the allegations of the complaint. A demurrer admits the facts well pleaded in the complaint but does not admit the inferences drawn by the plaintiff from such facts, nor does it admit conclusions of law. Akers v. Hard, 275 S.C. 100, 267 S.E.2d 536 (1980); Charleston County School District v. South Carolina StatePorts Authority, 320 S.E.2d 727 (S.C.App. 1984). According to the well pleaded factual allegations of the complaint, Carrington was injured on November 4, 1980.

  6. Charles. Cty. Sch. v. S.C. St. Ports

    283 S.C. 48 (S.C. Ct. App. 1984)   Cited 4 times

    A demurrer admits the facts well pleaded in the complaint but does not admit the inferences drawn by the plaintiff from such facts, nor does it admit conclusions of law. Greneker v. Sprouse, 263 S.C. 571, 211 S.E.2d 879 (1975); Sease v. City of Spartanburg, 242 S.C. 520, 131 S.E.2d 683 (1963); Akers v. Hard, 275 S.C. 100, 267 S.E.2d 536 (1980). The use and determination of the demurrer in declaratory judgment actions is controlled by the same principles as apply in other cases. Dantzler v. Callison, 227 S.C. 317, 88 S.E.2d 64 (1955).

  7. In the Interest of Tyson

    318 S.E.2d 279 (S.C. Ct. App. 1984)   Cited 3 times
    Holding SCDSS does not have a ministerial duty to bring petitions for termination of parental rights under section with language similar to S.C. Code Ann. ยง 20-7-738 (Supp. 1996)

    A demurrer admits the facts well pleaded in the complaint but does not admit the inferences drawn by the plaintiff from such facts, nor does it admit conclusions of law. Greneker v. Sprouse, 263 S.C. 571, 211 S.E.2d 879 (1975); Akers v. Hard, 275 S.C. 100, 267 S.E.2d 536 (1980); Sease v. City of Spartanburg, 242 S.C. 520, 131 S.E.2d 683 (1963). The same rule applies to a demurrer to a petition for a writ of mandamus, Dowling v. Charleston W.C. Ry. Co., 105 S.C. 475, 81 S.E. 313 (1913).