Johnson v. Frazee

Citations

• 20 S.C. 500
• 1884 S.C. LEXIS 40

Syllabus

<p>1. In proceedings to enforce a mechanics’ lien, the petition was filed in court and an order obtained requiring defendant to appear and answer, which, together with the petition, was served upon defendant. Held, that the proceeding was regulated hy a special statute and not by the code, that therefore defendant was properly in court, a summons not being necessary. Gen. Slat, $ 2363.</p> <p>2. In such proceeding it was error to give a personal judgment against defendant for any deficiency that might remain after a sale of the property covered hy the lien.</p> <p>3. Findings of fact by master, concurred in by the Circuit judge, approved.</p> <p>4. An exception to a Circuit decree alleging error “ in overruling exceptions to master’s report,” alleges no specific error and cannot be considered.</p>