McLaurin v. Kelly

Citations

• 40 S.C. 486
• 19 S.E. 143
• 1894 S.C. LEXIS 179

Syllabus

<p>1. Revival of Judgment — Consent.—Under summons to show cause why an execution should not be renewed, the judgment may be revived, and having been revived by consent of defendant, the presumption of a payment prior to that time is rebutted, and the defendant is estopped from after-wards assailing the validity of the original judgment.</p> <p>2. Executions — Courts Without Juries'. — Under the terms of the Code of Procedure, providing for two terms of the Court of Common Pleas in Marion County, and (sec. 26) authorizing civil business other than jury trials after the conclusion of business at the summer terms of the Courts of General Sessions, this summer term is not a regular term of the Court of Common Pleas, within the meaning of the act that gave to an execution an active energy, until the regular term of the court from which it was issued, which should follow next after the full completion of'five years from the lodgment of the execution.</p>