Lyles v. Haskell

Citations

• 35 S.C. 391
• 14 S.E. 829
• 1892 S.C. LEXIS 186

Syllabus

<p>1. Collateral Attack — Irregularities.—-On rule against a purchaser at judicial sale, he cannot attack for irregularity some prior proceedings affecting the title, under which the court had ordered a sale. He can only show jurisdictional defects apparent on the record of such proceeding.</p> <p>2. Place of Service. — Presumptions..—Under a return by a deputy sheriff showing a service on defendant “at her residence,” it will be presumed that such service was in the county of the venue, when it appears that the summons was lodged with the sheriff of that county and was served by his deputy. Such return therefore sufficiently indicates the place of service.</p> <p>3. Continuing Action — Summons.—After service of summons upon a defendant, she died. Within a year thereafter an order was passed continuing the action against her heirs, and giving leave to plaintiff to apply for a guardian ad Kim for the infant heirs and take judgment by default against the adult heir, if they failed to answer within twenty days after personal service of this order upon them, which service was made. Held, that the action was properly continued against the heirs of the deceased defendant, and that a summons was not necessary.</p> <p>4. Guardian ad litem — Answer by Infant. — This order of continuance permitted plaintiff to “apply to this court” for the appointment of a guardian ad litem for the infant defendants if they failed to answer within twenty days after personal service of this order upon them. More than that time having elapsed after such service upon them and their father (it not appearing that they had any general or testamentary guardian), the plaintiff, without further notice, procured an appointment by the probate judge of a guardian ad litem, who answered by an attorney, the guardian not signing or verifying such answer. Held, that the infants were propoi'ly in court, and that the appointment of guardian was properly made, and if not, it would be a mere irregularity which w