Forrest v. McBee
Supreme Court of South Carolina
Before Gage, J., Greenville, November, 1904. Action by Anderson Forrest against S- T. McBee. From order of nonsuit, plaintiff appeals. cite: As an action for wrongful attachment, nonsuit should not have been granted: Drake on.At., 6 ed., 153-5; SO S. C., 520; 3 Ency., 245; 52 Mo. App., 1; 68 Tex., 640; 7 Ala., 622; 73 Am. Dec., 254; 96 Am. Dec., 380; 18 Fed. R., 312; 12 Fed. R., 266. Where a process is void all assisting in its service are liable as trespassers: 2 Rich.
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Before Gage, J., Greenville, November, 1904. Action by Anderson Forrest against S- T. McBee. From order of nonsuit, plaintiff appeals. cite: As an action for wrongful attachment, nonsuit should not have been granted: Drake on.At., 6 ed., 153-5; SO S. C., 520; 3 Ency., 245; 52 Mo. App., 1; 68 Tex., 640; 7 Ala., 622; 73 Am. Dec., 254; 96 Am. Dec., 380; 18 Fed. R., 312; 12 Fed. R., 266. Where a process is void all assisting in its service are liable as trespassers: 2 Rich. D., 27; Harp. D., 65; Drake on At, sec. 185b, 194a; Chev., 253; 3 Ency., 246; 4 Cyc., 831; 28 N. Y., 659; 61 N. Y., 245; 5…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an appeal from an order of nonsuit. The complaint alleges that the plaintiff executed an agricultural lien on his crops in favor of the- defendant. That although the said lien was satisfied, the defendant, nevertheless, “wrongfully, wilfully and maliciously and with intent to injure the plaintiff, and to take his crop under a lien which had already been paid, made an affidavit before a magistrate falsely setting forth that plaintiff was still justly indebted to him in the sum of $86.15 on account of supplies furnished plaintiff…
2Cases cited7 opinions
- Rosemand v. Southern Ry.Supreme Court of South Carolina · 1903
- Holliday v. Poston & SonSupreme Court of South Carolina · 1901
- Wagener v. BookerSupreme Court of South Carolina · 1889
- Austin v. Manufacturing Co.Supreme Court of South Carolina · 1903
- Whaley v. LawtonSupreme Court of South Carolina · 1900
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3Cited by4 opinions
- Webber v. Farmers Chevrolet Co.Supreme Court of South Carolina · 1938
- Forrest v. McBeeSupreme Court of South Carolina · 1907
- Plumley v. StewartSupreme Court of South Carolina · 1932
- Southern Railway Co. v. Swift & Co.Supreme Court of South Carolina · 1930