Grant v. Grant

Oxner, Justice.

This is an appeal from an order of the Civil Court of Horry County refusing a motion by defendant to vacate a default judgment of divorce upon the ground that the default was occasioned by mistake and excusable neglect on the part of her attorneys. The motion was made under Section 10-1213 of the 1952 Code which permits the Court, in its discretion, at any time within one year after notice thereof, to “relieve a party from a judgment, order or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect.”

Plaintiff and defendant were…