Johnson v. Finger
Supreme Court of South Carolina
Before Gary, J., Charleston, November, 1914. Action by Georgie Johnson against Watson C. Finger, as administrator' of the estate of John W. Alston, deceased, commenced in the Civil and Criminal Court of Charleston county, by service of summons and verified complaint on defendant on the 5th day óf November, 1913. On November 20, 1913, defendant served on plaintiff a notice that at the call of the case, he would move to make the complaint more definite and certain.
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Before Gary, J., Charleston, November, 1914. Action by Georgie Johnson against Watson C. Finger, as administrator' of the estate of John W. Alston, deceased, commenced in the Civil and Criminal Court of Charleston county, by service of summons and verified complaint on defendant on the 5th day óf November, 1913. On November 20, 1913, defendant served on plaintiff a notice that at the call of the case, he would move to make the complaint more definite and certain. On December 16, 1913, no answer or demurrer having been served on plaintiff by the defendant, judgment by default was granted by…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice; Hydrick.
We approve the decision of the Circuit Court for the reasons therein stated.
1 2 We may add that defendant’s attorney was in error in supposing that the pendency of a motion to make the complaint more definite and certain would extend the time for answering, until the motion was decided. The time for answering is fixed by statute, and it can be extended only by consent, or by order, obtained in the manner prescribed by the statutes and rules of Court. When such consent or order can not be obtained, the proper practice is to answer,…
2Cases cited1 opinion
- Whaley v. LawtonSupreme Court of South Carolina · 1898
3Cited by14 opinions
- Simon v. FlowersSupreme Court of South Carolina · 1957
- Savage v. CannonSupreme Court of South Carolina · 1944
- Lee v. PeekSupreme Court of South Carolina · 1962
- Kinnear Corp. v. Crawford Door Sales Co.District Court, D. South Carolina · 1970
- Lucas v. North Carolina Mutual Life Ins.Supreme Court of South Carolina · 1937
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