If (a) the appellant failed to appear before the magistrate, (b) it is shown by the affidavits served by the appellant, or otherwise, that manifest injustice has been done and (c) the appellant satisfactorily excuses his default, the court may, in its discretion, set aside or suspend judgment and order a new trial before the same or any other magistrate in the same county at such time and place and on such terms as the court may deem proper. When a new trial shall be ordered before a magistrate the parties must appear before him according to the order of the court and the same proceedings must thereupon be had in the action as on the return of a summons personally served.
HISTORY: 1962 Code Section 7-315; 1952 Code Section 7-315; 1942 Code Section 804; 1932 Code Section 804; Civ. P. '22 Section 669; Civ. P. '12 Section 407; Civ. P. '02 Section 368; 1870 (14) 383; 1873 (15) 502.
Structure South Carolina Code of Laws
Chapter 7 - Appeals To Circuit And County Courts In Other Cases
Section 18-7-10. Appeals from inferior courts; supersedeas.
Section 18-7-20. When and how appeal shall be taken.
Section 18-7-30. Contents of notice of appeal.
Section 18-7-60. Return; when and how made.
Section 18-7-70. Return; how made if magistrate is out of office.
Section 18-7-80. Return; further return when original is defective.
Section 18-7-90. Return; effect of dead, insane, or absent magistrate.
Section 18-7-100. Offer to allow revision of judgment of magistrate.
Section 18-7-110. Offer to allow judgment on appeal.
Section 18-7-130. Hearing of appeal.
Section 18-7-140. Powers of appellate court; amendment of pleadings.
Section 18-7-150. New trial below when defendant did not appear.
Section 18-7-160. Motions for new trial in appellate court; other procedural rules.
Section 18-7-170. Judgment on appeal.
Section 18-7-180. Judgment on appeal; appeals on errors in fact.
Section 18-7-190. Judgment on appeal; appeals on issue of law.
Section 18-7-200. Procedure upon reversal of judgment already paid.
Section 18-7-210. Judgment roll.
Section 18-7-220. Costs on appeal.
Section 18-7-230. Effect of failure to state error in judgment below on award of costs.
Section 18-7-240. Costs when appellant gains less than ten dollars by appeal.
Section 18-7-250. Effect of rejection of offer under Section 18-7-100 on award of costs.
Section 18-7-260. Effect of rejection of offer under Section 18-7-110 on award of costs.
Section 18-7-270. When award of costs is in discretion of court.
Section 18-7-280. Award of costs when appeal is dismissed for want of prosecution.
Section 18-7-290. Award of costs to appellant shall include costs below.