Opinion
18799
June 4, 1968.
Messrs. Butler, Chapman Parler, of Spartanburg, for Appellant, cite: As to the Respondent having no right of recovery for personal injuries alleged to have been suffered by his wife, and the allegations as to her personal injuries should be stricken: 189 S.C. 426, 1 S.E.2d 490; 121 S.C. 72, 113 S.E. 474; 249 S.C. 470, 154 S.E.2d 839. As to Respondent having no right of recovery for damages allegedly causing his wife to lose her ability to work, and allegations of such damages should be stricken: 187 S.C. 453, 198 S.E. 20; 167 S.C. 129, 166 S.E. 101; 121 S.C. 72, 113 S.E. 474. As to Appellant having the right to require the Respondent to make his Complaint more definite and certain by separately alleging, in separately denominated causes of action, his alleged causes of action for (a) damages to his property and (b) for his alleged loss of consortium: 249 S.C. 470, 154 S.E.2d 839; 121 S.C. 72, 113 S.E. 474; 235 S.C. 191, 110 S.E.2d 713; 204 S.C. 118, 28 S.E.2d 641; 213 S.C. 542, 50 S.E.2d 575; 243 S.C. 552, 135 S.E.2d 87; 240 S.C. 102, 124 S.E.2d 781; 196 S.C. 230, 13 S.E.2d 1, 133 A.L.R. 1144; 245 S.C. 389, 140 S.E.2d 787; 191 S.C. 518, 5 S.E.2d 299; 162 S.C. 379, 160 S.E. 881; 187 S.C. 344, 197 S.E. 385.
Claude R. Dunbar, Esq., of Spartanburg, for Respondent, cites: As to in a loss of consortium action, it is proper to allege injuries to the wife: 243 S.C. 552, 135 S.E.2d 87. As to Respondent having properly alleged his damages: 243 S.C. 552, 135 S.E.2d 87. As to the complaint alleging only one cause of action: 243 S.C. 552, 135 S.E.2d 87; 191 S.C. 518; 5 S.E.2d 299; 141 Ala. 420, 38 So. 363, 3 Ann. Cas. 461, 109 Am. St. Rep. 40; 191 S.C. 518; 5 S.E.2d 299; 162 S.C. 379, 160 S.E. 883; (S.C.) 157 S.E.2d 630.
June 4, 1968.
This is an appeal from an order of the lower court denying a motion to strike certain allegations of the complaint as irrelevant, immaterial and redundant, and also denying a motion to require that the complaint be made more definite and certain.
The general rule is well settled that an order refusing to strike allegations in a pleading as irrelevant and redundant is not conclusive upon the trial of the case upon the merits, and that an interlocutory appeal from such order will not lie. Register v. Niagara Fire Ins. Co., 248 S.C. 504, 151 S.E.2d 640.
It is also a settled general rule that an order denying a motion to require plaintiff to make his complaint more definite and certain is not appealable until final judgment. Fladger v. Beckman, 42 S.C. 547, 20 S.E. 790; Miles v. Charleston Light Water Co., 87 S.C. 254, 69 S.E. 292; Oxman v. Profitt, 241 S.C. 28, 126 S.E.2d 852.
Application of the foregoing rules to the present appeal requires that it be dismissed; and it is so ordered.
Appeal dismissed.