Garrett v. Niel
Supreme Court of South Carolina
Before Klugh, J., Sumter, March, 1897. Action by John A. Garrett against Angelina Niel. From order refusing nonsuit on ground that plaintiff had not complied with the law in giving security for costs, the defendant appeals. cite: Rev. Stat., 794; 2 Hill, 232; 9 Rich. R., 411; 30 S. C., 451; 31 S. C., 427; 33 S. C., 161. cite: Rev. Stat., 794; Rule X., Cir. Ct.; 31 S. C., 360; 2 Rich., 10.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The action herein was commenced in January, 1893, for the partition of a tract of laud in possession of the defendant, which the plaintiffs alleged they and the defendant owned as tenants in common. The defendant appeared in the action,i and it was agreed that she should file her answer whenever she saw fit to do so. A short time before the March, 1897, term of the Court, the defendant, upon being notified that the plaintiffs expected to go to trial at thát term of the Court, filed her answer, denying all the allegations of the…
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