Buttz v. Campbell
| Decision Date | 01 July 1881 |
| Docket Number | No. 1049.,1049. |
| Citation | Buttz v. Campbell, 15 S.C. 614 (S.C. 1881) |
| Parties | Buttz v. Campbell. |
| Court | South Carolina Supreme Court |
OPINION TEXT STARTS HERE
OPINION by MCIVER, A. J.
Action on money demand and judgment by default, in December, 1879.A few days afterwards and during the same term, defendant gave notice of motion to open the default, upon affidavits showing that his failure to answer had been caused by illness, and that he had a good defence.The motion was heard upon these affidavits, and upon counter-affidavits which raised a conflict of statement.The Circuit judge refused the motion, and defendant then excepted and gave notice of appeal, and two days after the rising of the court gave to plaintiff formal notice of appeal.Defendant claimed that the Circuit Court should have granted the motion under Section 197 of the code.Plaintiff moved to dismiss the appeal, because no exception was served upon the respondent or the Circuit...
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6 cases
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McGhee v. One Chevrolet Sedan, bearing Fla. License No. 16-1574 Year 1958
...Lowry v. Jackson, 27 S.C. 318, 3 S.E. 473; Odom v. Burch, 52 S.C. 305, 29 S.E. 726; McSween v. Windham, 77 S.C. 223, 57 S.E. 847; Buttz v. Campbell, 15 S.C. 614; McMahon v. Pugh, 62 S.C. 506, 40 S.E. 961; Johnston v. Standard Oil Co., 155 S.C. 179, 152 S.E. 176. However, when a party makes ......
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Simon v. Flowers
...or (2) where the order, based upon factual, as distinguished from legal, considerations, is without adequate evidentiary support. Buttz v. Campbell, 15 S.C. 614; LeConte v. Irwin, 19 S.C. 554; Drummond v. Edwards, 126 S.C. 435, 120 S.E. The three cases last cited were concerned with the ope......
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Fore v. United Ins. Co. of America
...or (2) where the order, based upon factual, as distinguished from legal, considerations, is without adequate evidentiary support. Buttz v. Campbell, 15 S.C. 614; LeConte v. Irwin, 19 S.C. 554; Drummond v. Edwards, 126 S.C. 435, 120 S.E. 'The three cases last cited were concerned with the op......
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Williams v. Ray
...or (2) where the order, based upon factual, as distinguished from legal, considerations, is without adequate evidentiary support. Buttz v. Campbell, 15 S.C. 614; LeConte v. Irwin, 19 S.C. 554; Drummond v. Edwards, 126 S.C. 435, 120 S.E. 'The three cases last cited were concerned with the op......
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