Bishop v. Jacobs
Supreme Court of South Carolina
Before Smith, J., Columbia, August, 1916. Action by Thomas W. Bishop against Hampton Jacobs. From an order allowing defendant to answer after he was in default, plaintiff appeals. cites: As to abuse of discretion: 77 S. C. 223; 53 S. C. 230;' 104 S. C. 419. Allowance of answer: 36 S. C. 556, 576; 53 S. C. 230; 75 S. C. 7; 77 S. C. 223; 101 S. C. 370; 104 S. C. 419. Custom of counsel: 50 S. C. 403. Inexcusable delay: 81 Me. 403; 10 Am.
Read the full summary
Before Smith, J., Columbia, August, 1916. Action by Thomas W. Bishop against Hampton Jacobs. From an order allowing defendant to answer after he was in default, plaintiff appeals. cites: As to abuse of discretion: 77 S. C. 223; 53 S. C. 230;' 104 S. C. 419. Allowance of answer: 36 S. C. 556, 576; 53 S. C. 230; 75 S. C. 7; 77 S. C. 223; 101 S. C. 370; 104 S. C. 419. Custom of counsel: 50 S. C. 403. Inexcusable delay: 81 Me. 403; 10 Am. St. Rep. 265; 102 S. C. 354. Sufficiency of •answer: 94 S. C. 52; 96 S. C. 469. cites: As to abuse of discretion: 104 S. C. 420. Custom to extend time: 103 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
The appeal is from an order of the Circuit Court which allowed the defendant to answer after he was in default. Section 225, Code of Procedure.
The appellant’s counsel says in the printed argument, “The exceptions raise but one question of abuse of discretion.” That unfortunate terminology means the commission of error which is manifest. It is true the exercise of discretion by a Judge does not mean the same thing as the exercise of his desire in a given case. It is true one Judge might exercise his discretion one way, and another Judge…
2Cited by17 opinions
- Simon v. FlowersSupreme Court of South Carolina · 1957
- Lee v. PeekSupreme Court of South Carolina · 1962
- Em-Co Metal Products, Inc. v. Great Atlantic & Pacific Tea Co.Court of Appeals of South Carolina · 1984
- Wilson v. Southern Furniture Co.Supreme Court of South Carolina · 1953
- Wade v. Southern Ry. Co.Supreme Court of South Carolina · 1938
12 more not listed; retrieve them via the Exa API.