Legal Opinion

Lawrence v. Lawrence

Supreme Court of South Carolina

Decided July 28, 1908No. 6981PublishedCited by 2 opinions

Before Hydrick, J., Charleston, March, 1908. Action by J. M. Lawrence, S. G. Lawrence, Nellie Lawrence Orr et al. against E. Charlotte Lawrence, in her own right and as administratrix of Joseph S. Lawrence, and Charleston Consolidated Railway, Gas and Electric Company.

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Before Hydrick, J., Charleston, March, 1908. Action by J. M. Lawrence, S. G. Lawrence, Nellie Lawrence Orr et al. against E. Charlotte Lawrence, in her own right and as administratrix of Joseph S. Lawrence, and Charleston Consolidated Railway, Gas and Electric Company. Erom order dismissing rule against clerk, plaintiffs appeal on the following exceptions: 1. “Because his Honor erred in refusing to require the clerk to put the above case on Calendar No. 3, for judgment by default, as provided by sec. 267 of the Code of Civil Procedure of this State, in that it appears that the complaint was…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

The following statement is set out in the record:

“The above entitled action was commenced on the 7th day of November, A. D. 1907, by the service of the summons and complaint, and within twenty days after the service thereof the defendants gave notice to have the complaint amended in the eighth paragraph, by making the same more definite and specific as to the charges and allegations of fraud contained therein; said motion came on and was heard before his Honor, Judge Gage, within twenty days, and his Plonor granted the motion and…

2Cases cited3 opinions

  1. Smith v. SmithSupreme Court of South Carolina · 1897
  2. Allen v. CooleySupreme Court of South Carolina · 1901
  3. Whaley v. LawtonSupreme Court of South Carolina · 1898

3Cited by2 opinions

  1. Crosby v. BradleySupreme Court of South Carolina · 1927
  2. Snellgrove v. DingelhoefCourt of Appeals of Georgia · 1920

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