Adeimy v. Dleykan
Supreme Court of South Carolina
Before TownsRnd, J., Kershaw, July term, 1920. Action in Claim and Delivery by R. Adeimy against J. S. Dleykan et al. From an order dismissing a rule to show cause the defendant appeals. cites: Plaintiff in claim and delivery must have a cause of action before he- commences his action: 47 S. C. 343. Demand not necessary where it would have been futile: 104 S. C. 376.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Cothran.
The plaintiff instituted an action in claim and delivery on July 6, 1920, against the defendants, alleged to be partners, operating under the name of Royal Cafe. The property claimed consists of a stock of goods and fixtures located in a store-house in the city of Camden. The plaintiff gave bond or undertaking in the penal sum of $10,000 and the surety justified on July 10, 1920; the bond is without date. The fact is not distinctly stated in the record; nor the date, but we assume that the sheriff took charge- of the personal…
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