South Carolina § 18-7-150 New trial below when defendant did not appear.

South Carolina Statutes

§ 18-7-150 — New trial below when defendant did not appear.

South Carolina § 18-7-150

Title 18APPEALS

Ch. 7APPEALS TO CIRCUIT AND COUNTY COURTS IN OTHER CASES

This text of South Carolina § 18-7-150 (New trial below when defendant did not appear.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 18-7-150 (2026).

Text

If (a) the appellant failed to appear before the magistrate, (b) it is shown by the affidavits served by the appellant, or otherwise, that manifest injustice has been done and (c) the appellant satisfactorily excuses his default, the court may, in its discretion, set aside or suspend judgment and order a new trial before the same or any other magistrate in the same county at such time and place and on such terms as the court may deem proper. When a new trial shall be ordered before a magistrate the parties must appear before him according to the order of the court and the same proceedings must thereupon be had in the action as on the return of a summons personally served.

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If (a) the appellant failed to appear before the magistrate, (b) it is shown by the affidavits served by the appellant, or otherwise, that manifest injustice has been done and (c) the appellant satisfactorily excuses his default, the court may, in its discretion, set aside or suspend judgment and order a new trial before the same or any other magistrate in the same county at such time and place and on such terms as the court may deem proper. When a new trial shall be ordered before a magistrate the parties must appear before him according to the order of the court and the same proceedings must thereupon be had in the action as on the return of a summons personally served.

Legislative History

HISTORY: 1962 Code SECTION 7-315; 1952 Code SECTION 7-315; 1942 Code SECTION 804; 1932 Code SECTION 804; Civ. P. '22 SECTION 669; Civ. P. '12 SECTION 407; Civ. P. '02 SECTION 368; 1870 (14) 383; 1873 (15) 502.