Rogers v. McManus
Supreme Court of South Carolina
Before Prince, J., Chesterfield, April, 1917. Proceeding for relief under section 225 of the Code, on the ground of excusable neglect. From an order denying defendant’s motion, they appeal.- cite: As to motion for relief, and not appeal from judgment, being proper remedy: 2 Encyc.
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Before Prince, J., Chesterfield, April, 1917. Proceeding for relief under section 225 of the Code, on the ground of excusable neglect. From an order denying defendant’s motion, they appeal.- cite: As to motion for relief, and not appeal from judgment, being proper remedy: 2 Encyc. PI. & Pr. 173; 5 Corpus Juris 200; 6 S. C. 30; 78 S. C. 316. As to the Circuit Judge having authority -under section 225: 19 S. C. 143. As to aivard: 15 Corpus Juris 148; 17 Cyc. 928; 10 R. C. E. 1237; Code of Civil Procedure, sec. 347; Civil Code, sec. 3953; 5 Corpus Juris 19, et seq.; 3 Cyc. 800; Id. 603; 2 R. C.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. ChiEE Justice Gary.
This is a proceeding for relief under section 225 of the Code, on the ground of excusable neglect. The appeal is from an order refusing to modify an award and the judgment entered thereon.
The agreement to arbitrate stipulates that the arbitrators should proceed with the settlement of the differences therein mentioned, as provided in section 3953, Code of Eaws’1912. It also contains the following stipulation:
“The arbitrators, or a majority of them, having decided the matters submitted to them, shall put their findings in writing,…
2Cases cited2 opinions
- Bishop v. Valley Falls Mfg. Co.Supreme Court of South Carolina · 1907
- Gibbes v. BeckettSupreme Court of South Carolina · 1910