Claussen v. Johnson

Citations

• 32 S.C. 86
• 11 S.E. 209
• 1890 S.C. LEXIS 69

Syllabus

<p>1. A point not shown by the record to have been raised in the Circuit Court cannot be considered on appeal.</p> <p>2. A cause is properly on the calendar where defendant’s attorney, after the first term, directed the clerk of court to docket it (which was done), and notified plaintiff’s attorney, more than a month before court convened, that the cause had been docketed.</p> <p>3. On the day before the court convened, plaintiff’s attorney wrote to defendant’s attorney, saying he could not attend, as his duties required his presence in the Circuit Court of his own county. Defendant’s attorney proceeded, to trial, and obtained judgment against plaintiff on a counter-claim. Held, that plaintiff was not entitled to relief against this judgment, under section 195 of the Code.</p>