Legal Opinion

Hall v. Sullivan

Supreme Court of South Carolina

Decided February 4, 1905PublishedCited by 1 opinion

Before Klugh, J., Greenville, April, 1904. Two actions: (1) Hall and Pearsall against J. W. Sullivan; (2) Preston and Stauffer against same. Prom Circuit order setting aside judgment of magistrate, plaintiffs appeal.

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Before Klugh, J., Greenville, April, 1904. Two actions: (1) Hall and Pearsall against J. W. Sullivan; (2) Preston and Stauffer against same. Prom Circuit order setting aside judgment of magistrate, plaintiffs appeal. In one case the affidavit proving the account sued on states the account is due “by J. W. Sullivan, of Worthen, S. C.,” and in the other in the proof of service it appears that the summons and complaint were served on the defendant by leaving a copy with him “at his residence, in Dunklin Township, Greenville County.” cites: 62 S. C., 293; 59 S. C., 256; Code Pro-c., 88, sub. 5,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Ci-iiee Justice Pope.

The above entitled actions came up' for consideration by Circuit Judg'e Klug'h, at the spring term (1904) of the Court of Common Pleas of Greenville County, in this State, upon a motion by the defendant in each action to' set aside and amend the judgment in each case, rendered by E. K. Clyde, Esq., as a magistrate in and for Greenville County, in said State, against the defendant, J. W. Sullivan, because it was alleged that said judgments, each for itself, was based upon a summons which failed “to allege that the defendant…

2Cases cited2 opinions

  1. Jones v. MethvinSupreme Court of Georgia · 1895
  2. Riggs v. WilsonSupreme Court of South Carolina · 1889

3Cited by1 opinion

  1. Nixon & Danforth v. Piedmont Mutual InsuranceSupreme Court of South Carolina · 1906

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