Legal Opinion

Taylor Freezer Sales Co., Inc. v. Bachman

Court of Appeals of South Carolina

Decided April 11, 1985No. 0436PublishedCited by 2 opinions

1Per curiam

This is a suit on an open account by Taylor Freezer, Inc., (Taylor) against James M. Bachman d/b/a Jim’s Lunch Box (Bachman). Default judgment was awarded Taylor without hearing or proof of damages. We affirm.

Bachman made a timely motion to vacate the default judgment.

The issues necessary for decision are whether (1) Bach-*294man was properly served, (2) the trial judge abused his discretion by not vacating the default judgment and (3) the trial judge erred by entry of judgment without testimony or reference.

I

Taylor delivered the summons and complaint to the Sheriff for service. A deputy called…

2Cases cited3 opinions

  1. Jordan v. TadlockSupreme Court of South Carolina · 1953
  2. Morgan's, Inc. v. Surinam Lumber Corp.Supreme Court of South Carolina · 1968
  3. Humphries v. SpitzCourt of Appeals of South Carolina · 1985

3Cited by2 opinions

  1. Thomas & Howard Co. v. TW Graham and Co.Supreme Court of South Carolina · 1995
  2. Thomas & Howard Co. v. T.W. Graham & Co.Court of Appeals of South Carolina · 1994

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