Legal Opinion

Summerton Live Stock Co. v. Early

Supreme Court of South Carolina

Decided August 15, 1918No. 10071Published

Before SeasE, J., Clarendon,-term, ■ — —. Action by the Summerton Live Stock Company against M. M. Early. Erom an order refusing a motion to set aside an attachment, defendant appeals. submits: Thai the written 'undertaking required by statute in attachment is insufficient when not signed by the plaintiff, but only by another person as surety before issuance of warrant: Code of Procedure (1912), sec. 282; 31 S. C. 360; 9 S. E. 1028; 55 S. C. 547; 33 S. E. 581; 31 S. C. 375.…

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Before SeasE, J., Clarendon,-term, ■ — —. Action by the Summerton Live Stock Company against M. M. Early. Erom an order refusing a motion to set aside an attachment, defendant appeals. submits: Thai the written 'undertaking required by statute in attachment is insufficient when not signed by the plaintiff, but only by another person as surety before issuance of warrant: Code of Procedure (1912), sec. 282; 31 S. C. 360; 9 S. E. 1028; 55 S. C. 547; 33 S. E. 581; 31 S. C. 375. As to the claim of respondent to have jurisdiction of the appellant by reason of serving the papers on one T. L. McLean,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. ChieeJustice Gary.

This is an appeal from an order refusing a motion to set aside an attachment, on the ground that the written undertaking required by the statute was not signed by the plaintiff, but only by another party as surety, before the warrant was issued.

There were no' facts showing that the principle announced in the following cases is not applicable to the cause under consideration: Bank v. Stelling, 31 S. C. 360, 9 S. E. 1028; Wagener v. Booker, 31 S. C. 375, 9 S. E. 1055; Booker v. Smith, 38 S. C. 228, 16 S. E. 774; Hampton v. Bogan, 55…

2Cases cited4 opinions

  1. National Exchange Bank v. StellingSupreme Court of South Carolina · 1889
  2. Wagener v. BookerSupreme Court of South Carolina · 1889
  3. Booker v. SmithSupreme Court of South Carolina · 1893
  4. Hampton Bros. v. BoganSupreme Court of South Carolina · 1899

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