Legal Opinion

Gales v. Poe

Supreme Court of South Carolina

Decided July 12, 1917No. 9750PublishedCited by 3 opinions

Before DbVorB, J., Bennettsville, Action by T. W.'Gales and others, trustees of the Sandy Grove Missionary Baptist Church, against Frank Poe. From an order refusing defendant's application to open up a default judgment against him and to be allowed to answer, and to require plaintiffs to amend their complaint, defendant appeals. ’ cite: Code Civ.

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Before DbVorB, J., Bennettsville, Action by T. W.'Gales and others, trustees of the Sandy Grove Missionary Baptist Church, against Frank Poe. From an order refusing defendant's application to open up a default judgment against him and to be allowed to answer, and to require plaintiffs to amend their complaint, defendant appeals. ’ cite: Code Civ. Proc., sec. 225; 20 S. C. 108; 96 S. C. 240. cites: 32 S. C. 86; 36 S. C. 578; 38 S. C. 556; 52 S. C. 307; 56 S. C. 28; 64 S. C. 338.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from an order of Judge DeVore refusing an application of defendant to open up a default judgment obtained against him and to be allowed to answer, and to require the plaintiffs to amend their complaint. The complaint in the case was served on September 2, 1916.. upon the defendant, and judgment rendered against him on December 4, 1916. Several affidavits were presented to the-Court in support of the motion; but no effort at all was made on behalf of the defendant to comply with rule 19 of the Circuit Court rules.

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2Cited by3 opinions

  1. Savage v. CannonSupreme Court of South Carolina · 1944
  2. Gaskins v. California Ins. Co.Supreme Court of South Carolina · 1940
  3. Sharpe v. HugginsSupreme Court of South Carolina · 1920

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