Doty & Co. v. Duvall

Citations

• 19 S.C. 143
• 1883 S.C. LEXIS 66

Syllabus

<p>1. A trial justice’s court bas no jurisdiction of a motion for a new trial unless the motion is made within five days from the rendering of the judgment. Such inferior court has no inherent power of relieving against its own judgments — its powers are wholly statutory.</p> <p>2. Section 195 of the code of procedure which authorizes the court in certain cases to relieve a party from a judgment taken against him, does not relate to courts of trial justices.</p> <p>3. The second part of the code applies only to the Court of Common Pleas, except where express reference is made to the inferior courts.</p> <p>4. Appeal to the Circuit Court, within the time allowed by law, is the only mode of relief from a trial justice’s judgment rendered against a party through his mistake, inadvertence, surprise or excusable neglect.</p>