Winslow Bros. Smith Co. v. Gossett, 112 S.E. 825 (S.C. 1922). · Go Syfert
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Winslow Bros. Smith Co. v. Gossett, 112 S.E. 825 (S.C. 1922). Cases Citing This Book View Copy Cite
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Winslow Bros. & Smith Co.
v.
Gossett
10958.
Supreme Court of South Carolina.
Jul 6, 1922.
Published opinion
112 S.E. 825
1922 S.C. LEXIS 91
Mr. A.H. Dagnall , for appellant, cites: Sufficient showing to vacate a default judgment: 105 S.C. 421 ; 107 S.C. 483 . Delay: 102 S.C. 357 . Could have been heard at chambers: 32 Stat., 281. Messrs. Bonham Allen , for respondent, cite: Power to vacate default judgment: Code Proc. 1912, Sec. 225. Motion addressed to discretion of Judge: 17 S.C. 453 . Exercise is not appealable: 8 S.C. 50 ; 10 S.C. 369 ; 14 S.C. 630 . Will be reviewed only where abused: 56 S.C. 28 ; 77 S.C. 226 ; 19 S.C. 557 ; 108 S.C. 49 . Statutes and Rules of Court are to aid, not defeat justice: 102 S.C. 357 .
Gary.
Published

The opinion of the Court was delivered by

Mr. Chiee Justice Gary.

This is an appeal from an order vacating a judgment by default. Such an order is not appealable unless there was an erroneous exercise of discretion on the part of his Honor, the Circuit Judge, of which fact the appellant has failed to satisfy this Court.

Appeal dismissed.