Irick v. Carr

Lewis, Justice.

The sole issue in this appeal is whether the lower court abused its discretion in refusing to allow the defendant, after he was in default, to file an answer to the complaint.

This action was brought in the County Court of Charleston County and the summons and complaint were served on the defendant on May 18, 1963. He did not answer the complaint, or otherwise plead thereto, within the twenty-day period prescribed by Section 10-641 of the 1962 Code of Laws, and an order adjudging the defendant in default was issued on June 8, 1963. Upon being informed by counsel for the…