Gillam v. Arnold

Opinion by

Mr. Justice McGowan,

*612This *613is a second appeal of the case reported in 32 S. C., at page 503. On its trial after the first appeal, the Circuit Judge (Izlar) sustained an oral demurrer upon the ground that the complaint did not state facts sufficient to constitute a cause of action, as the question, whether the judgment assailed “was or was not void, could only be determined upon a direct motion in the court and in the case in which the judgment was rendered.” Defendant appealed.

The coui’t say: “For many good reasons, all the authorities agree that it is of the greatest importance to…