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DAVIS v. LUNCEFORD

21214

274 S.C. 576 (1980)

266 S.E.2d 73

William Paul DAVIS, Plaintiff-Respondent, v. Emmett M. LUNCEFORD, Jr., M.D., Defendant-Appellant. William Paul DAVIS, Plaintiff-Appellant, v. Emmett M. LUNCEFORD, Jr., M.D., Defendant-Respondent.

Supreme Court of South Carolina.

May 1, 1980.

Attorney(s) appearing for the Case

Francis T. Draine, of Draine & McLaren, Columbia, for plaintiff-respondent.

Charles E. Carpenter, Jr. and Donald V. Richardson, III, Richardson, Plowden, Grier & Howser, Columbia, for defendant-appellant.

May 1, 1980.

LEWIS, Chief Justice:

This action was instituted by service of a summons, without a complaint. The question to be decided is whether the lower court erred in refusing to dismiss the summons for failure, after demand, to timely serve the complaint.

Section 15-13-230, S.C. Code of Laws, 1976, permits the service of a summons without a complaint, but requires that the complaint be served upon demand. This section states:

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