Legal Opinion
Wellman v. Bethea
District Court, E.D. South Carolina
Decided April 10, 1914PublishedCited by 1 opinion
At Law. Action by Sarah S. Wellman, in her own right and as widow of Ora E. Wellman, against John C. Bethea, administrator of John H. Bethea, deceased. On motion by defendant to' vacate judgment.
1Opinion of the Court
CONNOR, District Judge.
This is a petition, or a motion, in the cause by defendant, seeking relief from a judgment rendered herein at the special January term, 1913. The motion is based upon the provisions of section 225, Code of Civil Procedure of South Carolina, which provides that:
“The court may likewise, in its discretion, and upon such terms as may be just * * * at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him,” by “surprise, or excusable neglect, and may supply an omission in any proceeding.”
Defendant…
2Cases cited13 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Bronson v. SchultenSupreme Court of the United States · 1882
- Phillips v. NegleySupreme Court of the United States · 1886
- Carroll v. Lessee of CarrollSupreme Court of the United States · 1854
- Hickman v. Fort ScottSupreme Court of the United States · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Mellon v. St. Louis Union Trust Co.Court of Appeals for the Eighth Circuit · 1917