Odom v. Burch
Supreme Court of South Carolina
Before Kdugh, J., Chesterfield, July 2, 1897. Motion by Henry Burch, in case of John W. Odom v. Henry Burch, to set aside, on ground of excusable neglect, want of notice, &c., so much of a judgment by default as contains the certificate of the Judge that the consideration of the debt was the purchase money of the homestead. Motion refused.
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Before Kdugh, J., Chesterfield, July 2, 1897. Motion by Henry Burch, in case of John W. Odom v. Henry Burch, to set aside, on ground of excusable neglect, want of notice, &c., so much of a judgment by default as contains the certificate of the Judge that the consideration of the debt was the purchase money of the homestead. Motion refused. Defendant appeals. cites: Error of law corrected on this motion: 26 S. C., 589; Code, 195. Certificate not proper: 8 S. C., 97; 16 S. E. R., 537; 16 S. C., 617; 21 S. C., 381; 2 S. C., 227; 3 S. C., 227; 13 S. C., 490; 24 S. C., 29; 2 S. C., 309. cite:…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
Judgment by default was entered, February 17, 1896, against the defendant in this case, pursuant to an order for judgment by Judge R. C. Watts, dated February 5th, 1897, as follows: “It appearing that the notes sued on herein were given for the purchase money of defendant’s homestead, and there is due thereon to plaintiff the sum of $336.11', and defendant having made no answer, on motion of W. F. Stevenson, plaintiff’s attorney, it is ordered, that plaintiff have judgment against the defendant for $336.11, and I certify that the same…
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