Bryson v. Whilden

Citations

• 55 S.C. 465
• 33 S.E. 558
• 1899 S.C. LEXIS 123

Syllabus

<p>1. Judgment — Discretion—Appeal.—A Motion to set aside a judgment because taken through mistake, inadvertence, and excusable neglect, is addressed to discretion of Circuit Judge, and will not be disturbed on appeal unless there has been an abuse of discretion.</p> <p>2. Judgment — Foreclosure.—In motion to set aside judgment of foreclosure, it cannot be claimed that the relief to be afforded plaintiff had not been ascertained by Circuit Judge, when there had been a reference to ascertain the facts as to the allegations in the complaint.</p> <p>3. Judgment by Default — Appeal—Remedies.—Relief against a judgment by default when the ground of failure to answer through mistake, 'inadvertence, surprise, or excusable neglect, if refusal of motion is legal error, is by appeal from order refusing leave to answer.</p>