Ledford v. Pennsylvania Life Insurance

Rhodes, Justice:

Plaintiff (appellant) obtained a default judgment against the defendant (respondent) which was vacated by the lower court upon findings that the judgment was entered against defendant through its mistake or excusable neglect. Plaintiff has appealed from the Order of the lower court, asserting that the Order was without evidentiary support and that it, therefore, constituted an abuse of discretion. We agree and reverse.

The motion to vacate the default judgment was made pursuant to S. C. Code § 10-1213 (1962), which, in pertinent part, permits the court, in its discretion and…