The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1901-04-03
J. H.. Wren vs.. J. A1theus Johnson.
Beginning Of What Promises to be Long Out Legal
Fight, With Complications Sued on not Large but
Enough to Involve Somebody in Good Bill Of Costs

in that part Of the work. the,price charged fol
II by MI. MCGEE, and the addition Of $40 10
| The price so charged. But the work manship
there Is on par with the other; For Instance
the joists. or scanting, on which the floor
| rests were not properly set and at least hall
| the floor lacked of touching them solidly,
many of the floor boards being In places over
an inch from them. Here and there betwee n
the boards and the joists old shingles were
chucked IN to help keep the floor shored up
| 10 level, though the best support which the
| floor had for maintaining its level was the
tongue and grove which bound the boards TO-
gether. Too, where The floor joined on TO the
house. instead of having good Sill or sup
porting beam, a little thin strip, tackled on TO
| the house sleeper. afforded scarcely half
| Inch support TO that end of the floor joists,
making the whole structure manifestly inse-
cure.
You can readily see, If business principles
are TO be applied, how person might justly
| feel toward work done in the way have men,
toned. You can readily zee, too, how, under
/ some circumstances, IL would be little snort
| OF reflection upon mans Intelligence to
tender TO him such work and ask him to pay
! for IT. However, l always want to preserv 9
good neighborhood, il possible, and / think
my suggestion about settlement eminentiy
| fair.
am not Itching for lawsuit. for litigation
is a luxury that only the rich ought TO nave
TO Indulge in, and don't belong 10 that class,
and snail be sorry II Mr.. Wren shall con.
clude that he is obliged TO have one; but
always enjoy myself In Abbeville county and
when go there feel better for long time
after. and may be would enjoy @ Trip even, even II
am yours very truly,
| Itseems that the summons and complaint
were sent TO Washington TO be served, and
one G.. Russell Gain, 10 an affidavit made on
the original summons, says that ne 5erved
johnson in his affidavIt speaks as follows
about the matter OF service:
ION September 10, 1900 young man, whom
did not know and whose name did lot In
street. North west, in the City of Washington,
ID. c.. between IL and O'Clock midday, and
asked me toaccept service or a paper nc lao;
Looking at the paper saw that IL was tn't0ai
com plaint drawn for the Common Pleas Court
of AbbevilIe county, South Carroll n the
claim Of John H. Wren. referred TO IN the
correspondence above mentioned. told Inc
young man would not accept ser vice OF That
He indicated the place which had peen pre-
pared he said for tny signature on the paper
(which was evidently the paper Intended TO
De treated as the original In court), ana ne
said he had copy of the paper TO be left with
me. told him be could leave with me his
copy If he wanted, but that would not at
that time sign any waiver or acceptance OF
service.
"The incident thus mentioned as taking
place on the 10th day OF September, lSOO, did
not occur TO me In any other light than as
tion and service which it would be necessary
TO use to bring me into court unless should
agree to dispense with such citation ana ser.
vice.
promise, intended TO save Mr.. Wren from
loss. He was evidently preferring TO assert
bis claim 10 the courts. was content I'D
that view of the case, TO stand on my rights
as prospective defendant and let him nrst,
by the orderly process OF the court, put me ID
a position where he could legally demand,
either that make answer to the claim ne
was asserting, or else that the court take 1t as
confessed. I knew that was either resi-.
dent of the State of South Carolina or that
was a non. resident and knew that In either
case the law had provided a methou ior serv,
Ing process necessary to be observed before
the court would be authorized TO proceed 10
Judgment in the absence OF the defendant; ,
From the said 18th day OF September. !so,
time within the State OF South Carolina,
neither myself, my wife, nor either OF my
children, but during all the lime from sep
tember 10, 1900, TO March b, 1901, either my
mother or, in her absence. some other per
son of discretion was residing In the house
at Due West, s. c.. which In the paper SHOWN
to me on September 10, 1900, IL styiea tne
Rod did not hear word from any person
concerning the claim OF Mr.. Wren and dld not
even know that suit had been filed IN his
behalf. I did not assume that the young man
who spoke with me on the 18th day OF sep
TENT ber 1900 had In his custody, 500 miles
from the limits OF the State, the original pa
pers in a suit then depending in the Common
Pleas Court of Abbeville County. Nothing
about his air, manner or words Indicated
that be was the authorized custodian at that
time of the original papers belonging TO tne
files of court in South Carolina. took Tor
granted that his visit, like the letter from
Mr.. Graydon of June, 2, l9OO, was merely
along the line Of having me endorse on pa
per to be thereafter filed in court waiver
OF O right was entitled to stand on, and de-
cliped TO make the endorsement. l knew
that the law In South Carolina, When resi-
dent defendant could not pe persoHaliy se!V-
ed with process within the limits OF the State,
had provided substituted service 10 be
made on "any person OF discretion residing
ut the residence or employed al the Plaee Oh
business of said defendant" ont ! nad ,on0 no
idea that on the 10Th day OF September, lTO,
MIR. Graydon, or any other person, was seek.
ing TO have process from state conrt nn run run
outside the State or have vitality oOo mlles
beyOnd the limits of the State.
"From July l3 TO July %. 1900, was IN
South Carolina and three days OF zoe tllne d.
| Due West but / heard nothing during thHt
the incident above mentioned of september
! 10. 1900 | heard not word about suit penu-
ing until March j. 1901, when received !eI-
from Mr. that SS bore eleg daee % was of
the following tenor:
Mr.. ]. Altheus Johnson:
Washington. ID C., ,s.
'DearSir. have this day entered qp LUX 1uus,
ment against you In favoro MT. j. II. w iei,
for Sl5I So. Unless the amount ~ settled az
nt once, I will have to Instruct the Sherln 10
levy upon your property TO pay SAID Juog'
'''o"'' WIN. N. Graydon.'
"The original OF this letter of March i, iVOl.
| sent to an attorney at Abbeville, asking
him to give the matter the attention IL tue-
! In the affidavit thus quoted Mr.. johnson
does not say whether he should he treated as
resident or q nonresident. but only mat ne
expects the plaintiff TO ca him INTO coulu codd 40
hardly deny that his residence is In this Jurls,
diction. He has preserved his name on
the registration list Of voters for the e, Que
West township, and his friends at Wass, sa
body is in Washington. but whose heart
and soul are In his native Carolina.-Contrlo-
uted.