Smythe v. Monash
Supreme Court of South Carolina
Before Rice and Smith, JJ., Charleston, Spring term, 1917. Action by Augustine T. Smythe, as receiver for H. T. Zacharias and C. J. Powers, doing business as Zacharias & Powers, against I. M. Monash.
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Before Rice and Smith, JJ., Charleston, Spring term, 1917. Action by Augustine T. Smythe, as receiver for H. T. Zacharias and C. J. Powers, doing business as Zacharias & Powers, against I. M. Monash. From an order setting aside a judgment as entered by the clerk in so far as it imposed a personal liability against defendant, plaintiff and C. J. Powers appeal. cite: As to agreement by counsel: 8 S. C. 208; 9 S. C. 282; 90 S. C. 310. As to a Circuit Judge not having power to vacate or modify decree made by another Circuit Judge: 97 S. C. 458; 51 S. C. 25; 28 S. E. 2; 52 S. C. 175; 29 S. E. 629;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. ChiEE Justice Gary.
This is an appeal from an order setting aside a general judgment for a specified sum of money against the defendant in personam, on the ground that the judgment of foreclosure of the mechanic’s lien herein did not authorize the clerk of the Court to enter such a judgment.
The following is the form of the judgment that was set aside by his Honor, the Circuit Judge:
“This action having been brought to trial by the Court, and a decision having been rendered for the plaintiff, and filed, * * * it is adjudged that A. T. Smythe, as…
2Cases cited2 opinions
- Metz v. CritcherSupreme Court of South Carolina · 1909
- Tenney v. Anderson Water, Light & Power Co.Supreme Court of South Carolina · 1903
3Cited by4 opinions
- Atlantic Coast Lumber Corp. v. MorrisonSupreme Court of South Carolina · 1929
- Arnet Lewis Construction Co. v. Smith-Williams & Associates, Inc.Supreme Court of South Carolina · 1977
- Yong S. McCollum v. State, Texas Court of Appeals, 3rd District (Austin)1991
- Zepsa Construction, Inc. v. RandazzoCourt of Appeals of South Carolina · 2003