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CASSADY v. MEARES

20190

266 S.C. 352 (1976)

223 S.E.2d 191

Charles E. CASSADY, Appellant, v. T.C. MEARES, Jr., Respondent.

Supreme Court of South Carolina.

March 11, 1976.

Attorney(s) appearing for the Case

Thomas E. Foster, Esq., of Spartanburg, for Appellant.

Franklin W. Allen, Esq., of Spartanburg, for Respondent.

Thomas E. Foster, Esq., of Spartanburg, for Appellant, in Reply.

March 11, 1976.

LEWIS, Chief Justice.

Plaintiff (appellant) obtained a default judgment against the defendant (respondent), which was vacated by the lower court upon findings that the judgment was entered against respondent through his mistake or excusable neglect. Plaintiff has appealed from the order of the lower court upon the ground that it was entered without evidentiary support and therefore, constituted an abuse of discretion. We agree.

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