Hall v. Sullivan
Supreme Court of South Carolina
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…
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