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4 S.C.L. 47

Claiborne v. Frazier

Supreme Court of South Carolina

Decided April 15, 1806

Supreme Court of South Carolina · decided 1806-04-15

Motion to reverse decision. On summary process, before Grimke, J., in Richland district, defendant gave notice to the plaintiff’s at- ■ tomey, (the plaintiff being beyond the limits of the State,) that he • would réquire the oath of the plaintiff to certain points particularly stated, on the defence at the trial. The plaintiff had no notice.

Decided 1806-04-15

The court

¶1granted the motion. The question arises on a rule . of court, which requires personal notice to the party, and not the attorney. Where a party is resident out of the State, notice cannot properly be served on him, and he cannot be considered within the scope of the rule ; at any rate, so far within it as to make it incumbent on him to attend personally. Whether be may not be required to answer interrogatories properly administered, under a commission, it is not now necessary to decide.

¶2Motion granted.

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