Odom v. Burch

Citations

• 52 S.C. 305
• 29 S.E. 726
• 1898 S.C. LEXIS 76

Syllabus

<p>1. No Appear lies from judgment by default.</p> <p>2. Judgment by Defauet — ExcuSABEE NegeECT. — Remedy against judgment by default is by motion to set it aside, under Code, 195, for excusable neglect, &c.</p> <p>8. Homestead — Purchase Money — Debt oe Homestead — Notice— Certificate of Judge — Peeadings—Practice.—When a defendant is served with summons and complaint on debt, it is not necessary to allege the consideration to be the purchase money of homestead, in order to obtain Judge’s certificate to that effect, nor is defaulting defendant entitled to notice of such motion.</p> <p>4. • Words and Phrases — Practice.—A motion for leave to show that a debt was contracted for purchase money of homestead, and certificate to that effect is within the terms, “ordinary proceedings in an action,” in Code, 414.</p>