Claussen v. Johnson
Supreme Court of South Carolina
Before Witherspoon, J., Barnwell, July, 1889. This was an appeal by J. H. Claussen and H. H. Claussen, partners in trade under the firm name of J. C. H. Claussen & Co., plaintiffs, from an order refusing to vacate a judgment obtained against them on a counter-claim by T. 13. Johnson and J. EC C. All, partners in trade under the firm name of T. El. Johnson & Co., defendants.
Read the full summary
Before Witherspoon, J., Barnwell, July, 1889. This was an appeal by J. H. Claussen and H. H. Claussen, partners in trade under the firm name of J. C. H. Claussen & Co., plaintiffs, from an order refusing to vacate a judgment obtained against them on a counter-claim by T. 13. Johnson and J. EC C. All, partners in trade under the firm name of T. El. Johnson & Co., defendants. To the facts stated in the opinion, it may be added that no directions to the clerk to docket were endorsed on either summons or complaint, or on the copies; and that the letter of J. L. Tobin to Simons & Cappelmann,…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice Simpson.
The plaintiffs, appellants, brought action in Barnwell County against the defendants. The defendants set up a counter claim.
The plaintiffs’ attorney, J. Ancrum Simons, Esq., resided in Charleston. It seems that the case was not placed on the calendar for several terms. It was finally placed there, however, by defendants’ attorney, who gave notice to plaintiffs’ attorney that he would move for trial at the ensuing term. To this, plaintiffs’ attorney notified-defendants’ attorney that he would not be able to attend the Barnwell…
2Cited by4 opinions
- Simon v. FlowersSupreme Court of South Carolina · 1957
- Sarratt v. Gaffney City Carpet Manufacturing Co.Supreme Court of South Carolina · 1907
- Lee v. PeekSupreme Court of South Carolina · 1962
- Lee v. PeekSupreme Court of South Carolina · 1962