51 S.C. 405 | S.C. | 1898
The opinion of the Court was delivered by
This is an appeal from an order of his Honor, Judge D. A. Townsend, setting aside the judgment in the case above stated. The proceeding to vacate the judgment was commenced by a petition of E. A. Roundtree, by her guardian ad litem, in the original case in which the judgment was obtained. The petition, filed 23d of February, 1897, alleges: 1. “That the said E. A. Roundtree has been all of her life a person of very weak mind, almost an idiot, and for several years past had been so bereft of reason and of mental capacity as to be unable to manage her estate. 2. That she is the wife of one John B. Roundtree, who is drunken, dissipated, and worthless and without means, and about two years ago deserted his wife, the said Mrs. E. A. Roundtree. 3. That the said Isaac Michalson sold said John B. Roundtree certain goods, wares, and merchandise, at divers times between the 18th
The third ground of appeal makes the point that the judgment in this case, where the defendant is represented by counsel, could not be vacated, in the absence of any evidence of fraud or collusion between the attorney for the defendant and the plaintiff, of which there is no pretense.
The judgment of this Court is, that the order appealed from be affirmed, and that the said E. A. Roundtree be allowed to file her answer by guardian ad litem to the complaint of Isaac Michalson, at any time within twenty days after service of written notice of this decision.