Crocker v. Allen
Supreme Court of South Carolina
Before Izlar, J., Spartanburg, The complaint in this case was as follows: 1. That heretofore, on the day of February, 1888, the defendant herein attempted to institute an action against her and a co defendant, J. J. Lipscomb, by the service upon him and an attempted service upon her of a summons and complaint therein, which complaint alleged: 1. That on the 9th of March, 1886, they, the said defendants, executed to her their joint and several note, wherein they pro-miser! to…
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Before Izlar, J., Spartanburg, The complaint in this case was as follows: 1. That heretofore, on the day of February, 1888, the defendant herein attempted to institute an action against her and a co defendant, J. J. Lipscomb, by the service upon him and an attempted service upon her of a summons and complaint therein, which complaint alleged: 1. That on the 9th of March, 1886, they, the said defendants, executed to her their joint and several note, wherein they pro-miser! to pay her, twelve months after date, the sum of seven hundred dollars, with interest from date at ten per cent, per annum…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
This was an action brought by the *458plaintiff herein to set aside a judgment previously obtained against her by the defendant herein, and to obtain an injunction to restrain the enforcement of the execution issued on said judgment, solely upon the ground that she was never served with the summons in the former action, and had no knowledge of any such proceedings against her until her land was advertised for sale under said execution. In her complaint, a copy of which is set out in the “Case,” and which should be incorporated in the…
2Cases cited2 opinions
- Hendrickson v. HinckleySupreme Court of the United States · 1855
- Walker v. RobbinsSupreme Court of the United States · 1853
3Cited by13 opinions
- Cantwell v. CantwellIndiana Supreme Court · 1957
- Hockaday v. JonesSupreme Court of Oklahoma · 1899
- Meyer v. WilsonIndiana Supreme Court · 1906
- Life Insurance Co. v. MobleySupreme Court of South Carolina · 1912
- Scott v. NewellSupreme Court of South Carolina · 1928
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