Napier v. Carpenter's Administrators

Decided May 15, 1810

Supreme Court of South Carolina · decided 1810-05-15

Action of debt on a bond, in Kershaw district. Defendant’s intestate confessed judgment, and soon after died; but before his death an order for judgment was entered on the record. Final judgment was, after his death, entered up. A motion was made before Bay, J., in Kershaw District Court, to set aside the judgment, as no notice had been given to the administrators before entering up the final judgment; and because the same had been entered up without a special order of court.

Decided 1810-05-15

¶1Per curiam.

Grimke, J.,

¶2delivered the opinion, May 2d, 1810. Judgment is final on a bond, and no inquiry of damages is necessary. By A. A. 1746, P. L. 212, if the defendant should die after interlocutory, and before final judgment, the action shall not abate, if such action might be originally prosecuted against the executors, or administrators, of such defendant, and sci. fa. lies against the representatives of the deceased. But this law applies as to judgment, only to cases where a writ of enquiry is necessary to determine the amount of the debt, and not to cases like the present, where the order for judgment is conclusive, and final judgment follows as a matter in course.

¶3Motion rejected.