¶1The summary process is an equitable proceeding, and less strictness is required than when proceeding according to the forms of the common law. The process refers to the copy of the note indorsed on it; and may properly be said to make the copy a part of the process. In Equity, exhibits are part of the bill and answer. There was no variance between the copy and the note given in evidence; The motion for nonsuit is therefore refused.
18 S.C.L. 446
Goodson v. Oliver
Court of Appeals of South Carolina
Decided June 15, 1831
Court of Appeals of South Carolina · decided 1831-06-15
<p>Summary Process against “ William Oliver,” on a note signed “ Willni Olver.” The process contained no allegation that the name “ Willm Olver ” in the note was intended for the defendant; but referred to the copy of the note indorsed on it, in which the signature was truly set out. Held, that there was no variance between the contract sued on, and that offered in evidence.</p>
Decided 1831-06-15