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· 7/15/1882

Truett v. Rains

Citations

  • 17 S.C. 451
  • 1882 S.C. LEXIS 81

Syllabus

<p>1. This court cannot review an order of the Circuit Court opening a default on affidavits and motion noticed within two months after judgment rendered. -,</p> <p>2. If the motion was made under section 197 of the code of procedure, it was a matter within the discretion of the Circuit Court, and therefore not appealable; if made under the act of 1869 (Gen. Stat. ch. cv. § 2) it depended upon issues of fact and upon proof which was to be satisfactory to the presiding judge, and therefore this court cannot review his conclusions.</p>

Judges: Darlington, Delay, Explanation, Gives, Hearing, Him, Motion, Open, Rains, Simpson, Truett, Wallace

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