American Funding Corp. v. Edwards

Supreme Court of South Carolina February 9, 1917

American Funding Corp. v. Edwards, 91 S.E. 315 (S.C. 1917)

106 S.C. 326; 1917 S.C. LEXIS 26

Watts

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from an order made by Hon. Edward Mclver, special Judge, in two motions heard by him. For the reasons stated by the Circuit Judge, it is the judgment of this Court that the judgment of the Circuit Court be affirmed, and that upon the payment by the defendant of either of the judgments, both judgments be satisfied."

Reference

Full Case Name: American Funding Corp. v. Edwards.
Status: Published
Syllabus: Judgment—Defects—Vacation.—Where in an action in the Court of Common Pleas, the summons and complaint by inadvertence bore the name, civil and criminal Court, a default judgment based on such summons and complaint will not, more than two years after its rendition, be yacated on account of the mistake, it appearing that no injury was done to defendant, who called on plaintiff’s counsel shortly after entry of the judgment and endeavored to make arrangement to pay it without any question as to its validity, but the record will be corrected by striking out the name of the civil and cripiinal Court and inserting the name of the Court of Common Pleas.