Barnwell v. Marion
Supreme Court of South Carolina
Before Klugh, J., Charleston, March, 1899. Foreclosure by Joseph W. Barnwell, trustee, Ann Josepha Wilson, and Ellen E. Ha-yne against Sophia Frances Shepherd Marion.
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Before Klugh, J., Charleston, March, 1899. Foreclosure by Joseph W. Barnwell, trustee, Ann Josepha Wilson, and Ellen E. Ha-yne against Sophia Frances Shepherd Marion. From order refusing to put case on Calendar 3, as in default, plaintiff appeals. cite: Defendant was in default by failure to serve anszver in twenty days from date of order, including time after -filing remittitur: 6 Paige Ch., 379; 4 Dana, 308; iq Wall., 661; 22 S. C, 583; 20 S. C, 582. cite: Oral notice of appeal from-an order overruling demurrer stays further proceedings on Circuit: 24 S. C., 81.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
The character of the cause .of action of the plaintiffs against 'defendant is fully set forth in the judgment of this Court on another branch of this case, and as found in 54 S. C., 223. By Judge Buchanan’s order, the defendant was allowed twenty days from its date to file an answer. After the lapse of, say, ten days, notice of appeal from the order of Judge Buchanan was served-by the defendant. This Court sustained the Circuit Judge. The remit-titur reached the Circuit Court on the 25the day of February, 1899. On the 16th day of…
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