Law v. Dungan

Supreme Court of South Carolina

Law v. Dungan

4 S.C.L. 263

DecidedNovember 15, 1808

StatusPublished

This text of 4 S.C.L. 263 (Law v. Dungan) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Law v. Dungan, 4 S.C.L. 263 (S.C. 1808).

Pincite

Opinion

Smith, J.,

declared the opinion of the court,- that the decision in the District Court was right. The act of assembly, February, 1791, requires the defendaut, by his attorney, to enter an appear* anee regularly with the clerk of the court, during the sitting of the court; and authorizes the plaintiff to take judgment by default, for1 want of an appearance. In such case, no rule to plead is necessa* ry; because, till the defendant appears, he is to be considered in default, and is not allowed to plead, or set up any defence to the action.

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Smith, J.,

declared the opinion of the court,- that the decision in the District Court was right. The act of assembly, February, 1791, requires the defendaut, by his attorney, to enter an appear* anee regularly with the clerk of the court, during the sitting of the court; and authorizes the plaintiff to take judgment by default, for1 want of an appearance. In such case, no rule to plead is necessa* ry; because, till the defendant appears, he is to be considered in default, and is not allowed to plead, or set up any defence to the action.

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Bluebook (online)

4 S.C.L. 263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/law-v-dungan-sc-1808.