Mitchell v. Mitchell

Ness, Justice:

The issue in this appeal is whether S. C. Code Sec. 10-1520 (1962) requires a party to seek leave of court before instituting an action in South Carolina to enforce a judgment of another state.

Respondent, Lissa J. Mitchell, obtained a default judgment in California against the appellant, Margaret Mozingo Mitchell. Respondent sued in Common Pleas Court for recognition and enforcement of the California judgment. By demurrer, appellant contended the action must be dismissed due to respondent’s failure to .secure leave of court in obedience to S. C. Code Sec: 10-1520. The trial…