Legal Opinion · Dissent

Smith v. Ellison

Supreme Court of South Carolina

Decided September 10, 1907No. 6648Published

Before Gary, J., Pickens, Summons to revive execution by Jno. A. Smith, exor. of H. Glenn Smith, against Jas. M. Ellison and Martha J. Ellison. From order reviving judgment, defendants appeal. Code of Proc., 309, 310; 30 S. C., 381. cites: 43 S. C., 348; 32 S. C, 139, 378, 383; 36 S. C., 578; 71 S. C., 246; Code of Proc., 94; 9 S. C., 391; Pom. Code Rem., 545; 27 S. C., 153.

1DissentJustice Gary

This is a proceeding to renew a judgment by summons, commenced on the 22d of December, 1906, in which it is recited that the original judgment was recovered against the defendant on the 17th of September, 1890.

The defendants made return to the summons, and showed cause as follows why the judgment should not be renewed:

1. “They deny that any judgment was ever lawfully entered against them.

2. “That if any judgment has ever been rendered against them, as alleged in said summons, the time within which the same could be renewed has long since expired.”

His Honor, the Circuit Judge, upon hearing the…

2Cases cited4 opinions

  1. Brantley v. BittleSupreme Court of South Carolina · 1905
  2. Adams v. RichardsonSupreme Court of South Carolina · 1890
  3. Anderson v. BaughmanSupreme Court of South Carolina · 1904
  4. Gregory v. PerrySupreme Court of South Carolina · 1905

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