Barker-Jennings Hardware Co. v. Culp
Supreme Court of South Carolina
Before Bowman, J., Lancaster, March, 1916. Actions by the Baker-Jennings Hardware Company, by the Sulzberger & Sons Company of America, and by the Brown Manufacturing Company against W. B. Culp.
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Before Bowman, J., Lancaster, March, 1916. Actions by the Baker-Jennings Hardware Company, by the Sulzberger & Sons Company of America, and by the Brown Manufacturing Company against W. B. Culp. From orders granting defendant’s motion for opening default judgments in the first two actions.and for leave to answer, plaintiffs therein appeal, and from an order granting defendant’s motion to open the default judgment in the third action, plaintiff therein excepts and appeals. cites : As to necessity of showing meritorious defense: 24 L. R. A. 49; Black Judgments, sec. 347; 102 S. C. 349; 84 S. C.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
These three causes were together submitted to be heard, and one opinion needs only to be expressed.
1-3 The first two depend on the same facts. The plaintiff in each of these cases recovered judgment by default against the defendant. The defendant thereafter moved to open the judgment entered thereon and for leave to answer. The motions were granted, and the plaintiffs have appealed.
It is plain the motions ought to have been refused. A summons was served on the defendant in each case, with notice therein that a complaint would be filed…
2Cases cited1 opinion
- Duncan v. DuncanSupreme Court of South Carolina · 1913
3Cited by8 opinions
- Savage v. CannonSupreme Court of South Carolina · 1944
- Poston v. State Highway DepartmentSupreme Court of South Carolina · 1939
- Bissonette v. JosephSupreme Court of South Carolina · 1933
- Morgan's, Inc. v. Surinam Lumber Corp.Supreme Court of South Carolina · 1968
- Rutledge v. Junior Order of United American MechanicsSupreme Court of South Carolina · 1937
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