Rogers v. McManus

Decided December 31, 1917

Supreme Court of South Carolina · decided 1917-12-31

Before Prince, J., Chesterfield, April, 1917. Proceeding for relief under section 225 of the Code, on the ground of excusable neglect. From an order denying defendant’s motion, they appeal.- cite: As to motion for relief, and not appeal from judgment, being proper remedy: 2 Encyc. PI. & Pr. 173; 5 Corpus Juris 200; 6 S. C. 30; 78 S. C. 316. As to the Circuit Judge having authority -under section 225: 19 S. C. 143.

Affirmed · Decided 1917-12-31

Messrs. Justices Hydrick, Watts, Fraser and Gage,

¶1 2 concurring: We concur in dismissing the appeal, but dissent from the view that the Court had no power to grant relief, under section 225 of the Code of Procedure, if defendants had made a proper showing entitling them to relief under that section. We see no reason why the Court should not have power under that section to give the same relief in respect of judgments entered upon the awards of arbitrators, after the time for appeal has expired, as it has to grant relief in the case of any other judgment, after the time for appeal has expired.