Crane, Boylston & Co. v. Lipscomb

Citations

• 24 S.C. 430
• 1886 S.C. LEXIS 58

Syllabus

<p>1. Where an answer was served on the twenty-first day (Saturday) and returned on the following Monday, because served too late, the Circuit Judge committed no error in ruling that the answer had not been served in time.</p> <p>2. Where defendant fails to answer in time, the order of the Circuit Judge afterwards made, admitting the answer, may impose terms — as, for instance, of trial before the call of the cause in regular order, and of paying certain disbursements of the plaintiff incurred in resisting defendant’s motion for leave to answer.</p> <p>3. The date of every proceeding which this court is asked to review, should be stated in the “Case.” Errors alleged, but not clearly apparent by reason of the absence of dates, not considered, as it is incumbent on appellant to show the error complained of.</p> <p>4. There feeing some evidence as to a ¡Dart of the demand sued on, a non-suit could not be granted.</p> <p>5. AYhere three complaints are consolidated, they should properly be attached together, and a general verdict written thereon ; but writing a separate verdict on each complaint is not error of law.</p> <p>6. If the clerk committed error in entering up three several judgments, defendant’s remedy is by motion in the Circuit Court and not by appeal.</p> <p>7. The right to recover ten per cent, collection fees, according to the terms of the contract, not being raised by defendant during the trial, the Circuit Judge did not err in refusing a new trial because such fees were included in the verdict.</p> <p>8. Where the complaint alleged that defendant had made his note for a sum stated to be paid on a day named, and was indebted to plaintiff for said sum, “with interest at 10 per cent., and 10 per cent, as attorney’s foes” (a mere conclusion of law), the Circuit Judge erred in permitting plaintiff to amend at the trial by making the note sued on, wherein these stipulations as to interest and fees appeared, a part of the complaint, and refusing time to defenda