Gregory v. Perry
Supreme Court of South Carolina
Before Gage, J., Lancaster, Action by Joseph F. Gregory, Clerk of Court, as administrator of estate of Wylie R. Duren, against Mary E. Perry, H. J. Beckham and Jane Gooch, heirs of Jas. R. Massey and H. J. Beckham, administrator.
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Before Gage, J., Lancaster, Action by Joseph F. Gregory, Clerk of Court, as administrator of estate of Wylie R. Duren, against Mary E. Perry, H. J. Beckham and Jane Gooch, heirs of Jas. R. Massey and H. J. Beckham, administrator. From Circuit decree, defendants appeal. cites: Judgment was barred in twenty years: Code of Proc., 94, 309, 3.10, 311, 111; 40 S. C., 259; 52 S. C., 197; 69 S. C., 39. Order of revival does not give a new starting point to statute: Code of Proc., 94, 111, 309, 310, 311, 131; 43 S. C., 246; 32 S. C., 228. As to effect of written acknowledgment of amount due: 51 S. C.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
Wylie R. Duren recovered a judgment against James R. Massey, Mary E. Massey and Charlotte A. Massey, on July 12, 1877, for $601.44, costs of a suit instituted by them against him. In September, 1885, a summons was duly served on the judgment debtors requiring them to show cause why the judgment should not be revived, and on December 12, 1885, an order was made by the Circuit Judge, “that the defendants be allowed to renew their execution for the amount set forth in the summons, together with interest on same up to the present, and for…
2Cases cited9 opinions
- Walsh v. BosseMissouri Court of Appeals · 1884
- Fagan v. BentlySupreme Court of Georgia · 1861
- Sullivan v. ShellSupreme Court of South Carolina · 1892
- Adams v. RichardsonSupreme Court of South Carolina · 1890
- Packer v. ThompsonNebraska Supreme Court · 1889
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3Cited by2 opinions
- Robinson v. WatsonSupreme Court of South Carolina · 1941
- Smith v. EllisonSupreme Court of South Carolina · 1907