Law v. Dungan

Decided November 15, 1808

Supreme Court of South Carolina · decided 1808-11-15

, at Newberry. The writ was returnable before October term, 1807. No appearance was entered during that term. In April term following, the plain* tiff filed his declaration, and demanded from the clerk an order for judgment by default, which the clerk refused, as no rule to plead had been served, or posted. The plaintiff then applied to the court; and the court ordered that plaintiff should have his order for judgment, and the cause docketed as a writ of inquiry.

Decided 1808-11-15

Smith, J.,

¶1declared the opinion of the court,- that the decision in the District Court was right. The act of assembly, February, 1791, requires the defendaut, by his attorney, to enter an appear* anee regularly with the clerk of the court, during the sitting of the court; and authorizes the plaintiff to take judgment by default, for1 want of an appearance. In such case, no rule to plead is necessa* ry; because, till the defendant appears, he is to be considered in default, and is not allowed to plead, or set up any defence to the action.