White v. Coleman
Supreme Court of South Carolina
This was an action for the foreclosure of a mortgage. Defendant, a married woman, having failed to answer within twenty days after the service of the summons and complaint, made affidavit that she was ignorant of the requirements of the law, and very much occupied with her domestic duties, and so neglected to employ an attorney in time. Her counsel moved for leave to come in and answer, but the motion was refused (Izlar, J.), and decree of foreclosure rendered.
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This was an action for the foreclosure of a mortgage. Defendant, a married woman, having failed to answer within twenty days after the service of the summons and complaint, made affidavit that she was ignorant of the requirements of the law, and very much occupied with her domestic duties, and so neglected to employ an attorney in time. Her counsel moved for leave to come in and answer, but the motion was refused (Izlar, J.), and decree of foreclosure rendered. Defendant then appealed from the order refusing leave to answer and also from the decree.
1Opinion of the Court
Opinion by
Mr. Justice McGowan,
*556' This court ruled that the exceptions to the decree were not regularly before the court, as defendant had not answered. As to the exception to the order, the court say:
Was the refusal of the order appealable? Section 195 of the Code provides, 1 'that the court may likewise, in its discretion, and upon such terms as may be just, allow an answer or reply to be made, or other act to be done, after the time limited by this Code of Procedure, or by an order enlarge such time,” etc.
’ It has often been held by this court that a motion, after default made, for further…
2Cited by6 opinions
- Lee v. PeekSupreme Court of South Carolina · 1962
- Duncan v. DuncanSupreme Court of South Carolina · 1913
- Baggett v. StricklandSupreme Court of South Carolina · 1930
- Rutledge v. Junior Order of United American MechanicsSupreme Court of South Carolina · 1937
- Lee v. PeekSupreme Court of South Carolina · 1962
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