Hedgepath Ex Rel. Estate of Hedgepath v. South Carolina State Highway Department

Brailsford, Justice:

In this wrongful death action, the defendant, South Carolina State Highway Department, having failed to answer or otherwise respond to the summons and *100complaint within twenty days after service, moved to be relieved of its default pursuant to Section 10-609, Code of 1962, which provides, inter alia, that the court may in its discretion allow an answer to be made after the time limited by the. Code. Plaintiff appeals from an order permitting defendant to answer.' ' ' ■

The motion was supported by the certificate of the Deputy Attorney General iir charge of the' department’s…