Malcolm Mercantile Co. v. Britt
Supreme Court of South Carolina
Before Moore, J., Dillon, February, Í915. Action by Malcolm Mercantile Company against John D. Britt. From an order refusing to vacate an order of arrest, defendant appeals.
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Before Moore, J., Dillon, February, Í915. Action by Malcolm Mercantile Company against John D. Britt. From an order refusing to vacate an order of arrest, defendant appeals. The facts are stated in the Circuit order as follows: The above entitled matter came on to be heard before me in open Court, at Dillon, upon motion of defendant to vacate an order of arrest issued by the clerk of Court .for the county of Dillon, upon a verified complaint in claim and delivery proceedings and upon affidavits. The motion is based on three grounds: 1. That the suit is not one in which claim and…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
The principle laid down by the Circuit Judge is not applicable, either to the allegations of the complaint or proof in the case. There is no allegation or proof that the bales of cotton are of same weight or grade, and each bale would sell at the same price, or that they can be divided in kind between the parties according to their respective interest therein; and if these are not of the same weight, grade and kind, the sheriff cannot divide them and take only those that belong to the plaintiff. The action for claim and delivery…
2Cases cited3 opinions
- Neal v. SuberSupreme Court of South Carolina · 1899
- Clerks' Benevolent Union v. Knights of ColumbusSupreme Court of South Carolina · 1905
- Mayfield v. BessingerSupreme Court of South Carolina · 1910
3Cited by11 opinions
- Rainwater v. Merchants & Farmers BankSupreme Court of South Carolina · 1917
- Sumter Hardwood Co. v. FitchetteSupreme Court of South Carolina · 1925
- Rainwater v. Merchants & Farmers BankSupreme Court of South Carolina · 1920
- Smith v. Williamston MillsSupreme Court of South Carolina · 1926
- Driggers v. CannonSupreme Court of South Carolina · 1917
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