Wagener & Co. v. Swygert

Citations

• 30 S.C. 296
• 9 S.E. 107
• 1889 S.C. LEXIS 98

Syllabus

<p>1. Undor motion to vacate a judgment, findings of fact by the Circuit Judge will not be disturbed by this court. In this case they are approved.</p> <p>2. A father being sued as surety, sent the copy-summons to his son, the principal, a co-defendant, who promised in reply that he would pay the debt. The father took no further steps in the cause, but the son employed counsel to represent both defendants, and a joint answer was filed. After judgment enrolled, the father employed other counsel, who moved to vacate this judgment. Held, that the judgment should not be vacated, either upon the ground of the unauthorized appearance of counsel or of excusable neglect.</p> <p>3. A, a resident of County E., and B, a resident of County L., gave a mortgage of lands respectively owned by them in Counties E. and L., respectively, to secure their joint bond. Action against both of them to foreclose this mortgage is within the jurisdiction of the Court of Common Pleas for County E.</p>