Lawrence v. Isear

Citations

• 27 S.C. 244
• 3 S.E. 222
• 1887 S.C. LEXIS 126

Syllabus

<p>1. After a transcript of a trial justice’s judgment has been entered in the Court of Common Pleas, he has no power to vacate the judgment thus made ajudgment of a superior court, nor grant a new trial, notwithstanding the statutory right conferred upon him of granting a new trial within five days from the rendition of his judgment. Mk. Justice McGowan dissenting.</p> <p>2. Where a trial justice renders a judgment by default, which does the defendant manifest injustice and the default can be satisfactorily excused, the remedy of defendant is not a motion before the trial justice for a new trial, but an appeal to the Circuit Court, Code, i 368.</p>