Clemson Agricultural College v. Pickens

Citations

• 42 S.C. 511
• 20 S.E. 401
• 1894 S.C. LEXIS 66

Syllabus

<p>1. Non-resident Dependant — Irregularities—Jurisdiction.—On a motion by an absent defendant to vacate service of the summons and a sale made under decree of the court in the cause, the only irregularities that can be considered are those which affect the jurisdiction of the court to make its decree of sale.</p> <p>2. Ibid.' — Ibid.—Ibid.—In determining whether the Court of Common Pleas acquired jurisdiction of an absent defendant in an action of foreclosure, only such defects can bo considered as are affirmatively shown by the record, and all necessary steps not shown to have been taken are cured by the recitals in the decree, which show that the defendant had been properly served by publication.</p> <p>3. Corporate Name. — In considering which of two papers was the real summons in an action, the court can not disregard the addition of the article “The” to the chartered name of the corporation plaintiff in one of those papers.</p> <p>4. PuBLiOATion of Summons — Affidavit.—An affidavit for obtaining publication of a summons is not insufficient for failing to state the venue, especially where the only defect is the omission of the word “County” in the caption. The affidavit in this case stated a cause of action.</p> <p>5. Ibid. — Order.—An order of publication of summons is not invalid in the absence of date and seal, and the “Brief” does not show that it was not entitled in this case.</p> <p>6. Ibid. — A summons as published is not invalid for failing to state when and where the complaint was filed, where summons and complaint were mailed to defendant and received by him.</p> <p>Y. Absent Defendant — Proof of Payments. — If the court neglected to examine the plaintiff or his agent as to payments by the non-resident defendant, such omission does not seem to raise any jurisdictional question; but this court will assume that such examination was had, where the record does not show the contrary.</p> <p>8. Foreclosure — Omissions—Jurisdiction.—The omission of signature