Latimer v. Latimer

Citations

• 43 S.C. 477
• 21 S.E. 334
• 1895 S.C. LEXIS 185

Syllabus

<p>1. Circuit Judge's Review of Prior Decrees — Parties Not Before the Court. — One Circuit Judge has no revisory power over the judgments . previously rendered by another Circuit Judge in the same cause, so far as it affects parties then before the court, but may decree that a prior order setting off two judgments against each other does not affect the interests of an assignee of a portion of one of these judgments who was not before the court when the set off was ordered.</p> <p>2. Motion- — -Evidence.—Prior pleadings and proceedings are before the court at the hearing of a motion in the cause where the notice of motion refers to them as a part of the evidence upon which the mover relies.</p> <p>3. Judgment — Assignee—Notice.—The assignee of a portion of a judgment is not thereafter a stranger to the record, but has an interest, which cannot be disposed of by any legal proceeding without giving to such assignee his day in court.</p> <p>4. Appeal — New Questions. — Whether a petition in a cause is the proper mode of obtaining the relief demanded, will not be < onsidered in this court, where this question was not raised nor considered on Circuit.</p> <p>5. Judgments — Assignee—Set Oee. — With a judgment on record by A against B, B employed attorneys to prosecute an action against the executors of A, promising to pay to these attorneys for their services one-tenth of the recovery, and after judgment obtained, endorsed upon the execution an assignment of the one-tenth as promised. Held, that the court should not set off these two judgments against each other without protecting the rights of these attorneys by reserving from the set off the one-tenth of the latter judgment which had been assigned to them.</p>