Bank of Columbia v. Havird
Supreme Court of South Carolina
Before Shipp, J., Newberry, September, 1913. ■ Motion by Bettie Havird, a defendant, to vacate and set aside certain judgments obtained against her by her codefendants in case of Bank of Columbia, plaintiff, against The Havird Company and others, defendants. The motion being refused, Bettie Havird appeals.
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Before Shipp, J., Newberry, September, 1913. ■ Motion by Bettie Havird, a defendant, to vacate and set aside certain judgments obtained against her by her codefendants in case of Bank of Columbia, plaintiff, against The Havird Company and others, defendants. The motion being refused, Bettie Havird appeals. The facts are stated in the opinion. cites: Judgments taken on answer of codefendant without notice to defendant are voidable: 95 S. C. 343; Code Civil Proc., secs.-190, 179, 180, 191, 192, 227. Where moving party has not been guilty of laches: 17 S. C. 449. cite,: No abuse of discretion in…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chiee Justice Gary.
•The facts are thus stated by the respondents’ attorneys:
“This is an action brought by the Bank of Columbia against the defendants, to foreclose a mortgage given by the defendant, Bettie Havird, to the Havird Company, and assigned by the Havird Company to the Bank of Columbia. The Havird Company, the Bank of Prosperity, the Bank of Saluda and Robert T. Tuther were made parties, as they held other mortgages and claimed a lien and interest on the premises. M. H. Kempson, by notice duly served on all parties, together with a…
2Cases cited7 opinions
- Life Insurance Co. v. MobleySupreme Court of South Carolina · 1912
- Gillian v. GillianSupreme Court of South Carolina · 1903
- Ruff v. DotySupreme Court of South Carolina · 1887
- McMahon v. PughSupreme Court of South Carolina · 1902
- Eason v. WitcofskeySupreme Court of South Carolina · 1888
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3Cited by3 opinions
- Turner v. Washington Realty Co.Supreme Court of South Carolina · 1923
- Mincey v. CelebrezzeDistrict Court, W.D. South Carolina · 1965
- Roberts v. DraytonSupreme Court of South Carolina · 1922