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KNIGHT v. MARTIN

17252

230 S.C. 460 (1957)

96 S.E.2d 473

W.E. KNIGHT, d/b/a W.E. Knight Grocery Store, Respondent, v. MRS. GERTRUDE MARTIN, individually and heir at law of Wayne Martin, Appellant.

Supreme Court of South Carolina.

January 29, 1957.

Attorney(s) appearing for the Case

Messrs. Love, Thornton, Blythe & Arnold, of Greenville, and W. Hummel Harley, of Laurens, for Appellant.

Charles Welborn, Esq., of Anderson, for Respondent.

January 29, 1957.

STUKES, Chief Justice.

This is an appeal from the denial of a motion to vacate a judgment which was obtained by default. The action was brought by service of summons and a complaint which was on a printed form, entitled, "Complaint for goods sold and delivered." As printed in the transcript of record it was as follows, omitting the prayer for judgment:

"1. That the plaintiff W.E. Knight d/b/a W.E. Knight Grocery Store, did on the...

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