Badham v. Brabham
Supreme Court of South Carolina
Before Watts, J., Barnwell, April, 1898. Action in claim and delivery by V. C. Badham v. H. C. Brabham. From order, striking out answer, and giving judgment by default, defendant appeals. Answer is not frivolous: 2 S. C., 423; 4 How. Pr. R., 156; 15 Abbotts Prac. R., 346. There is no limited time in which motion for judgment on frivolous answer is to he made: 5 How.
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Before Watts, J., Barnwell, April, 1898. Action in claim and delivery by V. C. Badham v. H. C. Brabham. From order, striking out answer, and giving judgment by default, defendant appeals. Answer is not frivolous: 2 S. C., 423; 4 How. Pr. R., 156; 15 Abbotts Prac. R., 346. There is no limited time in which motion for judgment on frivolous answer is to he made: 5 How. Pa., 247; 4 Wash., 369; 94 Cal., 665. Second exception too general: 51 S. C., 55. Answer denies no material allegation of complaint: 15 Abb. (N. G), 298; 32 S. G, 243; 97 N. Y., 370. Where property is in Court, judgment not in the…
1Opinion of the Court
The opinion of the Court was delivered by.
Mr. Justice Gary.
The appeal is from an order of his Honor, Judge Watts, which is as follows: “The above entitled cause coming on to be heard before, me as presiding Judge in the Second Circuit, at my chambers in Bamberg, S. G, on a motion by plaintiff for judgment on the answer as frivolous under section 268 of the Code of Civil Procedure. After hearing the complaint, answer and notice of the motion read, Mr. G. Duncan Bellinger, of counsel for the plaintiff, in support of the motion, and Jas. E. Davis, counsel for the defendant, in opposition…
2Cited by8 opinions
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- Greene v. WashingtonSupreme Court of South Carolina · 1916
- Gulledge v. YoungSupreme Court of South Carolina · 1964
- Hughey v. RaySupreme Court of South Carolina · 1945
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