Hunter v. Ruff

Citations

• 47 S.C. 525
• 25 S.E. 65
• 1896 S.C. LEXIS 108

Syllabus

<p>1. Finding oe Fact — Circuit Judge — Appead—Res Adjudicata.— Where one Circuit Judge finds that a person is not a party to a proceeding before him, and such order is not appealed from, it is error in another Circuit Judge to decide that such person was a party to the proceeding..</p> <p>2. Non-Resident Party — Service-—Summons—Judgment.—Where a non-resident party is served by publication under the Code, it is not required of plaintiff to show that the copy mailed to such defendant was actually received by him, in order to obtain judgment on such service.</p> <p>3. Ibid. — Ibid.—Ibid.—Ibid.—Where a non-resident defendant is served by publication, and a copy summons mailed to the place where the plaintiff swears on information and belief the defendant resides, and where the plaintiff has acted in good faith, but after judgment it appears that the affidavit of plaintiff stated the wrong place as defendant’s residence, such judgment is not void, but only voidable.</p>