53 S.C. 222 | S.C. | 1898
The opinion of the Court was delivered by
This is an appeal from an order of his Honor, Judge Aldrich, refusing a motion on behalf of the appellant (the other defendants not participating therein), for leave to answer after the expiration of the twenty days allowed for that purpose. The conceded facts are that appellant was served with a copy of the summons, which, was in the usual form, together with the complaint, on the 6th day of July, 1897, and that appellant served no answer within twenty days from that date. Within a short time after the expiration of the twenty days, the appellant, through his attorneys, applied to the attorney for plaintiff to consent to the filing of his answer, which was refused. On the 1st of September, 1897, appellant, through his attorneys, gave notice of a motion, to be made at the next ensuing term of the Court, for leave to serve the answer, stating in the notice that the motion would be made on the affidavit of the appellant and his proposed answer, together with the affidavit of W. P. Greene and W. G. Chafee, Esqs., attorneys at law, copies of which were served with the notice of the motion. This motion was heard by Judge Al-drich, on the 30th of November, 1897, upon the papers above stated, and upon the affidavit of E. S. E. Giles,' Esq., attorney for plaintiff, submitted on behalf of the plaintiff. At the hearing, his Honor granted an order refusing the motion. On the 2d of December, 1897, appellant applied for and obtained a rehearing of the motion, at which re
The judgment of this Court is, that the order appealed from be affirmed.