The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-18

o.oAS oetCuuauIS, III case OF unTSQSOGQ-
bic neglect on the part of the plaintiff
10 serve the summons on other defend
ants, or to proceed in tho cause against
the defendant or defendants served.
In an action brought by or against a
married woman, Judgment may be given
against her rs well for costs rs for da-
images, or both for such costs and for
such damages, in the samo manner as
against other persons, to be levied aud
collected OF her separate estate and not
otherwise
SEC. 800. The relief granted to the
pialntlff, 1t there be no answer, cannot
exceed that which he shall have demand
ed III his complaint; but in any other
case tho Court may grant him any
relief consistent with tho caso made by
the complaint and embraced within the
issue.
SEC. 300. Whenever damages are re-
coverable, the plaintiff may claim and
recover, if he show himself entitled
thereto, any rate of damages which he
might have heretofore recovered for the
same cause of action.
SEC. 301. In an action to recover the
possession of personal property, iudp.
ment for the plaintiff may be for the
possession, or for the recovery of pos
session, or the value thereof in case q
delivery cannot be had, and of damages
for the detention. If the property have
been delivered to the plaintiff, and the
defendant claim n return thereof, judg-
ment tor tho defendant may be for re-
turn OF the property, Or the value there
OF III case return cannot be had and
damages for taking and withholding the
same.
SEC. 302. Judgment upon IN issue of
law, or of fact, found or upon confession,
or upon failure to answer, or upon re-
port OF referees Except where the Clerk
IS authorized to enter the same by the
first subdivision tof Section two hun
dred and sixty-ninc, and by Section four
hundred and one shall be entered upon
tho direction OF Judge, subject to re-
view on appeal IN tho Supreme Court.
Sec. 303. The Clerk shall keep, among
the records of the Court, hook for the
entry of judgment, to be called the
"Judgment-Dook."
Sec. 304. The judgment shall be
entered in the Judgment Book, and
shall specify clearly the relief granted,
or other determination Of the action.
SEC. 3O5. Unless the party or his
attorney shall furnish jndgment-roll
the Clerk, Immediately after entering
the Judgment, shall attach together aud
file the following papers, which shall
constitute the Judgment roll:
l. In case the complaint be not
answered. by any defendant, the sum
mons and complaint, or copies thereof,
proof OF service, and that no answer has
been received, tho report, if any, aud a
copy Of the judgment.
=. In all other cases, the summons.
pleadlngs or copies thereof, and a copy
OF the Judgment, with any verdict or re-
port, the oiler oi the defendant, cxccp-
tions, case. and all orders and papers in
any way involving the merits and neces-
sarily affecting The judgment.
transcript o. final Judgment,
directing, III whole or in part, the pay
mcnt OF money, may be dockctc,l with
the Clerk O.; the Court OF Common
Pleas in any other County, and, when SO
docketed, Shall have the same force an,!
effect as Judgment OF that Court.
TITLE IN.
CE THE EXECUTION OF TIE JUDGMENT IN
CIVIL ACTIONS.
CHAPTER [. The Execution.
CHAP. IL. Proceedings supplementary
to the execution.
CHAPTER :.
TIE EXECUTION.
SECTION. 500. Execution within Eve
years OF course.
SEC. 307. Execution can ONLY be
issued by leave OF Court after five wears.
Leave, how obtained.
SEC. 30S. Judgments, how enforced.
SEC. 800. The different kinds OF Exc
cution.
SEC. $40. To what Counties execution
may be issued. Execution against II
married woman.
SEC. 81. Execution against the per-
son, in what cases.
Sec. 312. Forms OF execution.
SEC. BIB. Final judgments not lien.
Attachments on meSne process lien for
one hundred and twenty days after final
Judgment.
SEC. 3l4 Attachment OF real estate
made by lodging copy of execution,
and officers return with register OF
deeds. Such attachment lien for one
hundred aud twenty days.
SEC. 315. Execution to be rcturnable
in sixty days.
SEC. BIG. Personal property, bound
by levy.
Srx.