The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-16

Court, Oh motion, may order such de-
fendant to satisfy that part Of the claim,
and may enforce the order as it enforccs
n judgment or provisional remedy.
TITLE VIII.
OF THE TRIAL AND JUDGMENT IN CIVIL Ac-
TONS.
s CHAPTER I. Judgment upon failure to
answer, &c.
CHAr. II. Issues and the mode of
trial.
CHAR. III. Trial by jury.
CHAP. ". Trial by the Court.
CHAP. Y. Trial by referees.
CHAP. VI. The manner Of entering
Judgment.
CHAPTER T.
JUDGMENT UroN FAILURE TO ANSWER.
SECTION 2GS. Judgment defined.
SEC. 2G9. Judgment Oh failure of de-
fcndant to answer, or for excess over
counter-claim.
SEC. 270. Judgment on frivolous de-
murrer, answer or reply.
Sec. 2GS. A judgme ent is the final de-
termination Of the rights Of the parties in
the action.
Sec. 2G9. Judgment may be had, if
the defendant fail to answer the COM
plaint, as follows:
l. In any action arising on contract
for the recovery Of money only, the plain
tiff may file with the Clerk proof OF per-
sonal service of the summons and COM
plant on one or more of the defendants,
or of the summons according to the pro-
visions Of Section one hundred and fifty
three, and that no answer has been re-
ceived. The Clerk shall thereupon enter
judgment for the amount mentioned III
the summons, against the defendant or
defendants, or against ono or more of
several defendants, in the cases provided
for in Section one hundred and fifty
nine. But if the complaint be not
sworn to, and such action is on m in
strument for the payment Of money only,
the Clerk, Oh its production to him, shall
assess the amount due to the plaintiff
thereon; and in other cases shall ascer-
tain the amount which the plaintiff is
entitled to recover in such action, from
his examination, under OATH or other
proof, and enter the judgment for the
amount SO assessed or ascertnincd. In
case the defendant give notice OF appear
ance III the action, he shall be entitled
to five days notice Of the time and place
of such assessment.
Where the defendant, by his answer
i'll any such action, shall not deny the
plaintiffs claim, but shall set up coun-
ter claim, amounting to less than the
plaintiffs claim, judgment may be had
by the plaintiff for the excess of said
claim over the said counter claim, in like
manner in any snch action, upon the
plaintiffs filing with tho Clerk OF the
Court statement admitting such coun-
ter-claim, which statement shall be an
nexed to and be part of the Judgment
roll.
2. In other actions the plaintiff may.
upon the like proof, apply to the Court,
after the expiration of tho time for an
swering, for the relief demanded in the
complaint. If the taking of an account
or the proof of any fact be necessary to
enable the Court to give Judgment, or to
carry the Judgment into effect, the Court
may take the account or hear the proof,
or may, in its discretion, order refer
ence for that purpose. And where the
action is for the recovery of money only,
or of specific real or personal property,
with damages for the withholding there
Of, the Court may order the damages to
be assessed by jury, or, if the examina-
tlon of long account be involved, by n
reference as above provided. If the de
fendant give notice OF appearance i'll the
action before the expiration Of tho tine
for answering, hc shall be entitled TO
eight days notice Of tho time and place
OF application to the Court for tie relief
demanded by the complaint.
8. In actions where the service of the
summons was by application, the plain
tiff may, i'll like manner, apply for judg-
ment, and the Court must thcreupon re-
quire proof to be made Of the demand
mentioned in the complaint; and if the
defendant bo not resident Of the State,
must require the plaintiff or his agent to
be examined on oath respecting any pay
| ments that have been made to the plain
tiif, or to any one for lis use, on account
of such demand, and may render judg-
ment for the amount which Lo is cnt-
tied to recover. Before rendering jndg-
ment the Court may, in its discretion, re-
qnirc the plaintiff to cause to be filed
satisfactory security, to abide the order
OF the Court, touching tho restitution of
any estate or effects which may DO di-
rected by such judgment to bo trans.
ferred or delivered, or the restitution OF
any money that may be collected under
or by virtue of such judgment, in case
tho defendant or his representative shall
apply and DO admitted 70 defend thn no.