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HEDGEPATH v. S.C. STATE HIGHWAY DEPT.

19879

263 S.C. 98 (1974)

207 S.E.2d 820

C.H. HEDGEPATH, as Administrator of Estate of Bessie C. Hedgepath, Appellant, v. South Carolina STATE HIGHWAY DEPARTMENT, Respondent.

Supreme Court of South Carolina.

August 14, 1974.

Attorney(s) appearing for the Case

Furman R. Gressette, Esq., of St. Matthews, for Appellant.

Messrs. Daniel R. McLeod, Atty. Gen. and Donald V. Myers, Asst. Atty. Gen., of Columbia, for Respondent.

August 14, 1974.

BRAILSFORD, Justice:

In this wrongful death action, the defendant, South Carolina State Highway Department, having failed to answer or otherwise respond to the summons and complaint within twenty days after service, moved to be relieved of its default pursuant to Section 10-609, Code of 1962, which provides, inter alia, that the court may in its discretion allow an answer to be made after the...

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