Alexander Bros. v. Jamison
Supreme Court of South Carolina
Before Klugh, J., Greenville, December, 1898. Action in claim and delivery by Alexander Bros. & Go. v. Thos. F. Jamison. From judgment on verdict for plaintiff, defendant appeals. cites: Affidavit should have been Med in clerk’s office in twenty days: 46 S. C., 42; 36 S. C, 155. Charge: 47 S. C, 489. cites: Plaintiff cannot be made to suffer for neglect of sheriff to lile papers in clerk’s office: 36 Am. St. R., 277; 15 Am.
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Before Klugh, J., Greenville, December, 1898. Action in claim and delivery by Alexander Bros. & Go. v. Thos. F. Jamison. From judgment on verdict for plaintiff, defendant appeals. cites: Affidavit should have been Med in clerk’s office in twenty days: 46 S. C., 42; 36 S. C, 155. Charge: 47 S. C, 489. cites: Plaintiff cannot be made to suffer for neglect of sheriff to lile papers in clerk’s office: 36 Am. St. R., 277; 15 Am. St. R., 288; Code, 238; 2 Hill, 379;. 22 S. C., 301; 26 S. C., 290.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
*4101 *409In this action for claim and delivery of personal property, the sheriff failed to file with the clerk of the court the notice and affidavit with his proceedings thereon within twenty days-'after taking the property *410mentioned therein, as required by section 238 of the Code. Appellant contends that the Circuit Court erred in not dismissing the proceedings for failure to file as aforesaid, and relies upon the cases of Ketchin v. Landecker, 32 S. C., 155, and Doty v. Boyd, 46 S. C., 42. These cases, however, are not applicable, for they…
2Cited by1 opinion
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