Ellison v. Gordon

Decided November 15, 1824

Supreme Court of South Carolina · decided 1824-11-15

Writs of attachment were issued by the plaintiff against the defendant, on the 12lb June, 1823, returnable to the following October Court, when appearances were entered. On the 28th . of the November following, declarations were filed, orders for judgment, for want of pleas, were obtained, and the cases' put on thewrit of enquiry docket.

Decided 1824-11-15

¶1The opinion of the. court was delivered by

Mr. Justice Huger.

¶2It is unnecessary to enquire whether the declarations were filed within the time prescribed' by the act. The defendant, by pleading, had waived' his objections to the irregularity, if one existed. Had he refused to plead when he did, an application might have been made by the plaintiff for further time ter declare;, which would have been granted under the existing cir-•iuimstances of this case. The motion, in this ease must therefore prevail’.

JVott, Colcock, and Johnson, Justices,” concurred