Legal Opinion

King & Son v. Lane

Supreme Court of South Carolina

Decided April 12, 1904PublishedCited by 3 opinions

Before Purdy, J., Orangeburg, May, 1903. Action by B. F. King & Son against E. B. Kane and J. W. Smoak. From Circuit judgment plaintiffs appeal. cites : Verdict against defaulting defendant was error: 82 Cal., 184; 6 Ency.

Read the full summary

Before Purdy, J., Orangeburg, May, 1903. Action by B. F. King & Son against E. B. Kane and J. W. Smoak. From Circuit judgment plaintiffs appeal. cites : Verdict against defaulting defendant was error: 82 Cal., 184; 6 Ency. P. & P., 23; Code of Proc., 157, 296; 10 S. C., 295; 49 S. C., 7; SI Hun., 89. As to Court directing verdict: 13 S. C., 378; 42 S. C., 28; 26 S. C., 109; 31 S. C., 436; 14 S. C., 135. As to imperfect verdicts: Grab. & Wat. on New T., 1378, 1384; Brev., 113; 7 Halst., 852. Error for Judge to consider liability of defaulting defendant: Code of Proc., 189; 13 S. C., 479; Code…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an action on an open account for lumber sold and delivered. A copy of the summons and complaint was served on both the defendants. The defendant, Kane, did not appear, answer or demur to the complaint, but defaulted, and an affidavit to that effect was duly made. The defendant, J. W. Smoak, answered the complaint.

The case was docketed on Calendar 1 and was not docketed on Calendar 3. The jury returned the following verdict: “We find for the plaintiff against E. B. Kane, $218.22. D. J. Fogle, foreman.”

The record contains this…

2Cases cited1 opinion

  1. Devore v. GeigerSupreme Court of South Carolina · 1894

3Cited by3 opinions

  1. Lorick & Lowrance, Inc. v. Julius H. Walker & Co.Supreme Court of South Carolina · 1929
  2. Burst v. Southern Railway Co.Supreme Court of South Carolina · 1931
  3. Plunkett v. Clearwater Bleachery & Mfg. Co.Supreme Court of South Carolina · 1908

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API