Legal Opinion

Parker v. Newton

Supreme Court of South Carolina

Decided October 25, 1898PublishedCited by 6 opinions

Before Klugh, J., Richland, December, 1897. Petition by Theo. N. Kibler, as administrator of Sarah A. Newton, in re Geo. W. Parker and Rizzie McCarter v. Sarah A. Newton, to set aside judgment. From Circuit decree refusing to vacate judgment, petitioner appeals. cite: Jitdgments against lunatics are not void but voidable by action in equity: 32 Am. Dec., 70; 33 Me., 114; 50 Md., 214; 1 Rice, 56; 5 Strob., 132; Bail.

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Before Klugh, J., Richland, December, 1897. Petition by Theo. N. Kibler, as administrator of Sarah A. Newton, in re Geo. W. Parker and Rizzie McCarter v. Sarah A. Newton, to set aside judgment. From Circuit decree refusing to vacate judgment, petitioner appeals. cite: Jitdgments against lunatics are not void but voidable by action in equity: 32 Am. Dec., 70; 33 Me., 114; 50 Md., 214; 1 Rice, 56; 5 Strob., 132; Bail. Fq., 116. "Where lunatic is represented, Court will not vacate jitdgment: Bail. Bq., 109. In absence of fraud, judgment will not be vacated: 104 U. S-, 415.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

One of the questions presented by the exceptions is, whether the Court, which rendered judgment in the case of George W. Parker and Tizzie McCarter, plaintiffs, against Sarah A. Newton, defendant, had acquired jurisdiction of the said defendant. As this is a preliminary question, it will be first considered. The affidavits introduced upon the hearing of this case, before his Honor, Judge Klugh, satisfy this Court that Mrs. Sarah A. Newton was of unsound mind at the time the action of George W. Parker and Rizzie McCarter was commenced…

2Cited by6 opinions

  1. Rogers v. Nation Ex Rel. ClaytonCourt of Appeals of South Carolina · 1985
  2. Klugh v. United StatesDistrict Court, D. South Carolina · 1985
  3. South Carolina Department of Social Services v. McDowSupreme Court of South Carolina · 1981
  4. Barr v. One 1935 V-8 Ford TruckSupreme Court of South Carolina · 1938
  5. Anderson v. AndersonCourt of Appeals of South Carolina · 1985

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