Benson v. Carrier

The opinion of the court was delivered by

Mr. Justice McGowan.

This action was brought to set aside a judgment and execution issued thereon. The case was referred to J. R. Jennings, Esq., as referee, when it appeared that the judgment was originally obtained before W. S. Thomason, Esq., a trial justice, but that a “transcript” thereof had been regularly filed in the clerk’s office of the Court of Common Pleas for Spartanburg County. The ground urged for setting aside the judgment was that the trial justice, at the time he rendered the judgment, had not jurisdiction either of the subject-matter…