June 8, 1955.
STUKES, Justice.
The petitioner, now appellant, obtained judgment by default in the Civil and Criminal Court of Charleston against Robert E. Miller upon a complaint, the presently pertinent paragraphs of which follow:
3. That heretofore, on or about the 22nd day of October, 1953, the plaintiff intrusted to the defendant the sum of $185.40, belonging to the plaintiff, for the purpose of, and which defendant promised should be by him used...
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