Carroll v. Tompkins

Citations

• 14 S.C. 223
• 1880 S.C. LEXIS 119

Syllabus

<p>1. Where a judgment against A was, by an order of the Circuit Court, revived against A, administrator of JB, and the Circuit judge holding the next succeeding term, being satisfied that the additional words were a mere clerical mistake, amended the order to conform to the record. Held, that he committed no error.</p> <p>2. Proceedings to revive a judgment should be by summons to show cause, and not by action.</p> <p>3. In such case, it is not incumbent upon the plaintiff to show that the judgment lias not been paid.</p> <p>4. Summons was issued requiring defendant to show cause, at March Term, why a judgment should not be revived against him. Defendant put in no appearance or answer, and the matter was continued. At the next, or June Term, motion to renew the judgment being made by plaintiff, defendant then offered to read an answer, which had not been served nor filed, but leave to do so was refused, and an order of revivor was granted. Held, that there was no error in such refusal.</p> <p>5. In such case, a motion, after default made, for further time to answer, is wholly within the discretion of the Circuit judge.</p>