Crocker v. Allen

Citations

• 34 S.C. 452
• 13 S.E. 650
• 1891 S.C. LEXIS 68

Syllabus

<p>1. Erroneous Judgments — Equity1.—A complaint which alleges that a judgment of foreclosure has been obtained against this plaintiff in an action in which she had never been served with summons or complaint, and of which she had no information until after advertisement of her property for sale, but stating no ground of equitable cognizance, and praying for injunction, fails to state a cause of action, the proper remedy being a motion in the original cause to vacate the default and en try of judgment. Cases reviewed.</p> <p>2. Ibid.— Ibid. — The Court of Equity will not relievo a party from a judgment for a debt which is not alleged to be unjust or not due.</p>