Brown v. Buttz

Citations

• 15 S.C. 488
• 1881 S.C. LEXIS 99

Syllabus

<p>1. A jury cause, after issue joined, was, by mistake of the clerk, docketed on Calendar 2, and, after the juries were dismissed for the term, was transferred to Calendar 1, when defendant made a motion to dismiss the complaint for not stating facts sufficient to constitute a cause of action. Held, that the Circuit judge committed no error in then hearing and deciding the motion.</p> <p>2. A trial justice has no power to vacate for fraud a judgment obtained in his court, especially after a transcript has been filed in the Circuit Court.</p> <p>3. The trial judge properly declined to vacate a judgment for fraud where the action was not shaped to that end, but was for damages for trespass in levying execution upon plaintiff’s property.</p> <p>4. Where the law authorizes a trial justice to appoint a clerk, a transcript of a judgment, which was rendered by such trial justice, is properly signed by his clerk.</p> <p>5. Upon appeal taken to this court from an order dismissing an action for damages in levying upon property under execution, based upon an alleged invalid judgment, the Circuit judge is not required by Section 360 of the code of procedure to order a stay of proceedings-under such judgment, pending the appeal; it is a matter of discretion with the Circuit judge.</p>