1976 South Carolina Code of Laws
Unannotated
Updated through the end of the 2003 Session

Disclaimer
This statutory database is current through the 2003 Regular Session of the South Carolina General Assembly. Changes to the statutes enacted by the 2004 General Assembly, which will convene in January 2004, will be incorporated as soon as possible. Some changes enacted by the 2004 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, and users rely on the data entirely at their own risk.

Title 15 - Civil Remedies and Procedures

CHAPTER 5.

PARTIES

ARTICLE 1.

GENERAL PROVISIONS


SECTIONS 15-5-10, 15-5-20. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-5-10. [1962 Code Section 10-201; 1952 Code Section 10-201; 1942 Code Section 353; 1932 Code Section 353; Civ. P. '22 Section 309; Civ. P. '12 Section 115; Civ. P. '02 Section 90; 1870 (14) 443 Section 93] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-20 was entitled: Persons who may be plaintiffs.

SECTION 15-5-20. [1962 Code Section 10-202; 1952 Code Section 10-202; 1942 Code Section 403; 1932 Code Section 403; Civ. P. '22 Section 360; Civ. P. '12 Section 166; Civ. P. '02 Section 138; 1870 (14) 450 Section 140] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTIONS 15-5-10, 15-5-20. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-5-10. [1962 Code Section 10-201; 1952 Code Section 10-201; 1942 Code Section 353; 1932 Code Section 353; Civ. P. '22 Section 309; Civ. P. '12 Section 115; Civ. P. '02 Section 90; 1870 (14) 443 Section 93] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-20 was entitled: Persons who may be plaintiffs.

SECTION 15-5-20. [1962 Code Section 10-202; 1952 Code Section 10-202; 1942 Code Section 403; 1932 Code Section 403; Civ. P. '22 Section 360; Civ. P. '12 Section 166; Civ. P. '02 Section 138; 1870 (14) 450 Section 140] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-5-30. [1962 Code Section 10-203; 1952 Code Section 10-203; 1942 Code Section 404; 1932 Code Section 404; Civ. P. '22 Section 361; Civ. P. '12 Section 167; Civ. P. '02 Section 139; 1870 (14) 452 Section 141]Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-5-40. [1962 Code Section 10-204; 1952 Code Section 10-204; 1942 Code Section 406; 1932 Code Section 406; Civ. P. '22 Section 362; Civ. P. '12 Section 168; Civ. P. '02 Section 140; 1870 (14) 452 Section 142]Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-5-45. Capacity of partnerships to sue and be sued; effect of judgment.

Any partnership formed under the laws of this State or of another jurisdiction shall have the capacity with or without the joinder of one or more of its partners to sue and be sued in the courts and agencies of this State as a separate entity under the name specified in any recorded certificate of partnership, or, if the partnership conducts business under an assumed name or there is no recorded certificate, under the name by which it does business. All judgments and executions against any such partnership shall bind its real and personal property. Its partners shall also be liable for judgment and be subject to execution to the extent and in the manner provided by law.

SECTION 15-5-50. [1962 Code Section 10-205; 1952 Code Section 10-205; 1942 Code Section 406; 1932 Code Section 406; Civ. P. '22 Section 362; Civ. P. '12 Section 168; Civ. P. '02 Section 140; 1870 (14) 452 Section 142]Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-5-60. [1962 Code Section 10-206; 1952 Code Section 10-206; 1942 Code Section 407; 1932 Code Section 407; Civ. P. '22 Section 363; Civ. P. '12 Section 169; Civ. P. '02 Section 141; 1870 (14) 452 Section 143]Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-5-70. [1962 Code Section 10-207; 1952 Code Section 10-207; 1942 Code Section 397; 1932 Code Section 397; Civ. P. '22 Section 354; Civ. P. '12 Section 160; Civ. P. '02 Section 132; 1870 (14) 450 Section 134]Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-5-80. [1962 Code Section 10-208; 1952 Code Section 10-208; 1942 Code Section 399; 1932 Code Section 399; Civ. P. '22 Section 356; Civ. P. '12 Section 162; Civ. P. '02 Section 134; 1870 (14) 450 Section 136]Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-5-90. Survival of right of action.

Causes of action for and in respect to any and all injuries and trespasses to and upon real estate and any and all injuries to the person or to personal property shall survive both to and against the personal or real representative, as the case may be, of a deceased person and the legal representative of an insolvent person or a defunct or insolvent corporation, any law or rule to the contrary notwithstanding.

SECTION 15-5-100. Damages under Sections 15-5-90 or 15-51-10 may include funeral expenses.

Damages recoverable under either Sections 15-5-90 or 15-51-10 may include reasonable funeral expenses, but such funeral expenses shall be sought in only one action.

SECTION 15-5-110. Executors' or administrators' actions against trespassers.

Executors or administrators in cases of trespass done to their decedents, as of the goods and chattels of the decedents carried away in their life, shall have an action against the trespassers and may recover their damages in like manner as they, whose executors or administrators they are, should have had it if they were alive.

SECTION 15-5-120. Actions against executors or administrators when one or more is out of State.

In cases in which there are two or more executors or administrators to any estate and any one or more of them has withdrawn or shall withdraw or shall reside out of the State, any creditor or person having a right or cause of action against such estate may commence his action against all the executors or administrators, naming and setting forth therein the executor or administrator, one or more, who is out of the State. In such case if the summons be served in the usual form upon those who are within the State the suit shall be deemed to be good and effectual in law to all intents and purposes, saving only that the judgment in such cases shall not extend to work any devastavit upon the person so absent or to affect him in his private right.

SECTION 15-5-130. Representative of deceased nonresident motor vehicle operator.

In the event a nonresident who shall have operated a motor vehicle on the public highways or streets of any incorporated municipality of this State causing injuries or death shall have died, any person who may have an interest therein may apply to the probate court of the county of residence of such party so interested or of the county in which such wrong may have been inflicted for the appointment of a personal representative of such deceased wrongdoer and, upon such appointment, action may be commenced against such personal representative of such nonresident deceased and service of such process shall be made upon such personal representative and a copy of such process mailed to the address of such deceased person as provided in Section 15-9-370.

SECTION 15-5-140. Representative of deceased nonresident motor vehicle operator; substitution of other representative.

The foreign personal representative of any such deceased wrongdoer or any other person interested in defending such action may within sixty days after service as provided in Section 15-9-370 apply to the court in which such action may be pending for an order staying such action for a reasonable period of not exceeding sixty days and during such time may apply to the probate court and procure the appointment of some other suitable person to act as personal representative of such deceased person. Upon such appointment such personal representative shall be forthwith made a party defendant on motion of plaintiff without further service of process. If no such application for a stay be made the personal representative so originally appointed shall answer such process within sixty days from the date of such service upon him or be adjudged in default.

SECTION 15-5-150. Foreign corporations as defendants.

An action against a corporation created by or under the laws of any other state, government or country may be brought in the circuit court:

(1) By any resident of this State for any cause of action; or

(2) By a plaintiff not a resident of this State when the cause of action shall have arisen or the subject of the action shall be situated within this State.

SECTION 15-5-160. By what name unincorporated associations may be sued.

All unincorporated associations may be sued and proceeded against under the name and style by which they are usually known without naming the individual members of the association.

SECTION 15-5-170. Action by and against married woman.

A married woman may sue and be sued as if she were unmarried. When the action is between herself and her husband she may likewise sue or be sued alone.

SECTION 15-5-180. [1962 Code Section 10-217; 1952 Code Section 10-217; 1942 Code Section 408; 1932 Code Section 408; Civ. P. '22 Section 364; Civ. P. '12 Section 170; Civ. P. '02 Section 142; 1870 (14) 452 Section 144]Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-5-190. [1962 Code Section 10-218; 1952 Code Section 10-218; 1942 Code Section 408; 1932 Code Section 408; Civ. P. '22 Section 364; Civ. P. '12 Section 170; Civ. P. '02 Section 142; 1870 (14) 452 Section 144]Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-5-200. [1962 Code Section 10-219; 1952 Code Section 10-219; 1942 Code Section 409; 1932 Code Section 409; Civ. P. '22 Section 365; Civ. P. '12 Section 171; Civ. P. '02 Section 143; 1870 (14) 452 Section 145]Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-5-210. Unemancipated child as party to motor vehicle accident action.

An unemancipated child may sue and be sued by his parents in an action for personal injuries arising out of a motor vehicle accident. In any such action there shall be appointed a guardian ad litem as provided by law for such child.

ARTICLE 3.

GUARDIANS AD LITEM [REPEALED]

SECTION 15-5-310. [1962 Code Section 10-231; 1952 Code Section 10-231; 1942 Code Section 401; 1932 Code Section 401; Civ. P. '22 Section 358; Civ. P. '12 Section 164; Civ. P. '02 Section 136; 1870 (14) Section 138; 1879 (17) 32; 1898 (22) 688; 1946 (44) 1517; 1952 (47) 2042][Am 1984 Act No. 437] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTIONS 15-5-320 to 15-5-380. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-5-320. [1962 Code Section 10-232; 1952 Code Section 10-232; 1942 Code Section 409-2; 1940 (41) 1833] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-330 was entitled: Appointment of guardian ad litem; infant plaintiff.

SECTION 15-5-330. [1962 Code Section 10-233; 1952 Code Section 10-233; 1942 Code Section 402; 1932 Code Section 402; Civ. P. '22 Section 359; Civ. P. '12 Section 165; Civ. P. '02 Section 137; 1870 (14) 451 Section 139; 1912 (27) 623; 1944 (43) 1326] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-340 was entitled: Appointment of guardian ad litem; infant defendant.

SECTION 15-5-340. [1962 Code Section 10-234; 1952 Code Section 10-234; 1942 Code Section 402; 1932 Code Section 402; Civ. P. '22 Section 359; Civ. P. '12 Section 165; Civ. P. '02 Section 137; 1870 (14) 451 Section 139; 1912 (27) 623; 1944 (43) 1326; McCoy v Ins. Co., 156 SC 496, 153 SE 468 (1930)] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-350 was entitled: Appointment of guardian ad litem; defendant infant without State.

SECTION 15-5-350. [1962 Code Section 10-235; 1952 Code Section 10-235; 1942 Code Section 402; 1932 Code Section 402; Civ. P. '22 Section 359; Civ. P. '12 Section 165; Civ. P. '02 Section 137; 1870 (14) 451 Section 139; 1912 (27) 623; 1944 (43) 1326] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-360 was entitled: Appointment of guardian ad litem; mentally incompetent person.

SECTION 15-5-360. [1962 Code Section 10-236; 1952 Code Section 10-236; 1942 Code Section 409-1; 1937 (40) 47; 1940 (41) 1828; 1952 (47) 2042] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-370 was entitled: Appointment of guardian ad litem; imprisoned person.

SECTION 15-5-370. [1962 Code Section 10-237; 1952 Code Section 10-237; 1942 Code Section 409-2; 1940 (41) 1833] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-380 was entitled: Compensation for guardian ad litem of mentally incompetent or imprisoned person.

SECTION 15-5-380. [1962 Code Section 10-238; 1952 Code Section 10-230; 1942 Code Sections 409-1, 409-2; 1937 (40) 47; 1940 (41) 1828, 1833; 1952 (47) 2042] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

For appointment of guardian ad litem under S.C. Rules of Civil Procedure, see SCRCP Rule 17.

SECTIONS 15-5-320 to 15-5-380. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-5-320. [1962 Code Section 10-232; 1952 Code Section 10-232; 1942 Code Section 409-2; 1940 (41) 1833] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-330 was entitled: Appointment of guardian ad litem; infant plaintiff.

SECTION 15-5-330. [1962 Code Section 10-233; 1952 Code Section 10-233; 1942 Code Section 402; 1932 Code Section 402; Civ. P. '22 Section 359; Civ. P. '12 Section 165; Civ. P. '02 Section 137; 1870 (14) 451 Section 139; 1912 (27) 623; 1944 (43) 1326] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-340 was entitled: Appointment of guardian ad litem; infant defendant.

SECTION 15-5-340. [1962 Code Section 10-234; 1952 Code Section 10-234; 1942 Code Section 402; 1932 Code Section 402; Civ. P. '22 Section 359; Civ. P. '12 Section 165; Civ. P. '02 Section 137; 1870 (14) 451 Section 139; 1912 (27) 623; 1944 (43) 1326; McCoy v Ins. Co., 156 SC 496, 153 SE 468 (1930)] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-350 was entitled: Appointment of guardian ad litem; defendant infant without State.

SECTION 15-5-350. [1962 Code Section 10-235; 1952 Code Section 10-235; 1942 Code Section 402; 1932 Code Section 402; Civ. P. '22 Section 359; Civ. P. '12 Section 165; Civ. P. '02 Section 137; 1870 (14) 451 Section 139; 1912 (27) 623; 1944 (43) 1326] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-360 was entitled: Appointment of guardian ad litem; mentally incompetent person.

SECTION 15-5-360. [1962 Code Section 10-236; 1952 Code Section 10-236; 1942 Code Section 409-1; 1937 (40) 47; 1940 (41) 1828; 1952 (47) 2042] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-370 was entitled: Appointment of guardian ad litem; imprisoned person.

SECTION 15-5-370. [1962 Code Section 10-237; 1952 Code Section 10-237; 1942 Code Section 409-2; 1940 (41) 1833] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-380 was entitled: Compensation for guardian ad litem of mentally incompetent or imprisoned person.

SECTION 15-5-380. [1962 Code Section 10-238; 1952 Code Section 10-230; 1942 Code Sections 409-1, 409-2; 1937 (40) 47; 1940 (41) 1828, 1833; 1952 (47) 2042] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

For appointment of guardian ad litem under S.C. Rules of Civil Procedure, see SCRCP Rule 17.

ARTICLE 5.

PROCEEDINGS WHEN SOME DEFENDANTS NOT SERVED [REPEALED]


SECTIONS 15-5-510 to 15-5-570. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-5-510. [1962 Code Section 10-251; 1952 Code Section 10-251; 1942 Code Section 438; 1932 Code Section 438; Civ. P. '22 Section 393; Civ. P. '12 Section 186; Civ. P. '02 Section 157; 1870 (14) 457 Section 159] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-520 was entitled: Summons after judgment of parties not served.

SECTION 15-5-520. [1962 Code Section 10-252; 1952 Code Section 10-252; 1942 Code Section 810; 1932 Code Section 810; Civ. P. '22 Section 677; Civ. P. '12 Section 415; Civ. P. '02 Section 377; 1870 (14) 511 Section 392] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-530 was entitled: Form and service of summons.

SECTION 15-5-530. [1962 Code Section 10-253; 1952 Code Section 10-253; 1942 Code Section 811; 1932 Code Section 811; Civ. P. '22 Section 678; Civ. P. '12 Section 416; Civ. P. '02 Section 378; 1870 (14) 512 Section 394] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-540 was entitled: Summons shall be accompanied by affidavit of amount due.

SECTION 15-5-540. [1962 Code Section 10-254; 1952 Code Section 10-254; 1942 Code Section 812; 1932 Code Section 812; Civ. P. '22 Section 679; Civ. P. '12 Section 417; Civ. P. '02 Section 379; 1870 (14) 512 Section 395] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-550 was entitled: Party summoned may answer and defend.

SECTION 15-5-550. [1962 Code Section 10-255; 1952 Code Section 10-255; 1942 Code Section 813; 1932 Code Section 813; Civ. P. '22 Section 680; Civ. P. '12 Section 418; Civ. P. '02 Section 380; 1870 (14) 512 Section 396] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-560 was entitled: Subsequent pleadings and proceedings are the same as in an action.

SECTION 15-5-560. [1962 Code Section 10-256; 1952 Code Section 10-256; 1942 Code Section 814; 1932 Code Section 814; Civ. P. '22 Section 681; Civ. P. '12 Section 419; Civ. P. '02 Section 381; 1870 (14) 512 Section 397] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-570 was entitled: Answer and reply shall be verified as in an action.

SECTION 15-5-570. [1962 Code Section 10-257; 1952 Code Section 10-257; 1942 Code Section 815; 1932 Code Section 815; Civ. P. '22 Section 682; Civ. P. '12 Section 420; Civ. P. '02 Section 382; 1870 (14) 512 Section 398] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

For similar provisions, see SCRCP Rule 55.

SECTIONS 15-5-510 to 15-5-570. Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

SECTION 15-5-510. [1962 Code Section 10-251; 1952 Code Section 10-251; 1942 Code Section 438; 1932 Code Section 438; Civ. P. '22 Section 393; Civ. P. '12 Section 186; Civ. P. '02 Section 157; 1870 (14) 457 Section 159] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-520 was entitled: Summons after judgment of parties not served.

SECTION 15-5-520. [1962 Code Section 10-252; 1952 Code Section 10-252; 1942 Code Section 810; 1932 Code Section 810; Civ. P. '22 Section 677; Civ. P. '12 Section 415; Civ. P. '02 Section 377; 1870 (14) 511 Section 392] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-530 was entitled: Form and service of summons.

SECTION 15-5-530. [1962 Code Section 10-253; 1952 Code Section 10-253; 1942 Code Section 811; 1932 Code Section 811; Civ. P. '22 Section 678; Civ. P. '12 Section 416; Civ. P. '02 Section 378; 1870 (14) 512 Section 394] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-540 was entitled: Summons shall be accompanied by affidavit of amount due.

SECTION 15-5-540. [1962 Code Section 10-254; 1952 Code Section 10-254; 1942 Code Section 812; 1932 Code Section 812; Civ. P. '22 Section 679; Civ. P. '12 Section 417; Civ. P. '02 Section 379; 1870 (14) 512 Section 395] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-550 was entitled: Party summoned may answer and defend.

SECTION 15-5-550. [1962 Code Section 10-255; 1952 Code Section 10-255; 1942 Code Section 813; 1932 Code Section 813; Civ. P. '22 Section 680; Civ. P. '12 Section 418; Civ. P. '02 Section 380; 1870 (14) 512 Section 396] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-560 was entitled: Subsequent pleadings and proceedings are the same as in an action.

SECTION 15-5-560. [1962 Code Section 10-256; 1952 Code Section 10-256; 1942 Code Section 814; 1932 Code Section 814; Civ. P. '22 Section 681; Civ. P. '12 Section 419; Civ. P. '02 Section 381; 1870 (14) 512 Section 397] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

Former Section 15-5-570 was entitled: Answer and reply shall be verified as in an action.

SECTION 15-5-570. [1962 Code Section 10-257; 1952 Code Section 10-257; 1942 Code Section 815; 1932 Code Section 815; Civ. P. '22 Section 682; Civ. P. '12 Section 420; Civ. P. '02 Section 382; 1870 (14) 512 Section 398] Repealed by 1985 Act No. 100, Section 2, eff July 1, 1985.

For similar provisions, see SCRCP Rule 55.





Legislative Services Agency
h t t p : / / w w w . s c s t a t e h o u s e . g o v