Law v. Dungan

Supreme Court of South Carolina

Law v. Dungan

4 S.C.L. 263

Supreme Court of South Carolina·Decided November 15, 1808·Published

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.

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

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