Hane v. Goodwyn

Decided November 15, 1804

Supreme Court of South Carolina · decided 1804-11-15

Stark moved before Bay, J. in Richland district court, to have $n order for judgment set aside in this case, and for leave to plead pon assumpsit, and the s’alute of limitations, which was refused, on the ground, that the defendants were not imitled to the benefit of •Jspth these pleas, and especially the last, on a motion oi this sort.

Decided 1804-11-15

The court(all ihe judges present)

¶1considered the plea as issu. able within the rule of court, and not necessarily unconscientious : and therefore, they thought it ought to have been allowed ; and granted the motion. See 1 Bos & Pul 228. Rucker, and another, v. Harnay, 3 T. R. 124. 1 Sellon’s Practice, 346.

¶2<2fuere. Whether the defendant is intitled to the same privilege and indulgence, where he moves to set aside an interlocutory order for judgment, and for leave to pleau, as where he has obtained a judge’s older for time to plead, ori terms. See 1 Sellon, 346.