First National Bank v. Carolina Midland Warehouse Co.
Supreme Court of South Carolina
Before Gage, J., Barnwell, November, 1913. Proceeding’ under summons, to. renew execution- on judgment recovered in 1896, issued and served in October, 1913. From order refusing motion, J. R. Pringle and T. Moultrie Mordecai, receivers of the Royal Fertilizer Company, claiming the judginent under an assignment from the plaintiff, First National Bank of Charleston, made on 23 June, 1911. Appeal. cites: 13 S. C. 120 and 59 S. C. 70. cites: 81 S. C. 89; 45 S. C. 11; 19 S. C.…
Read the full summary
Before Gage, J., Barnwell, November, 1913. Proceeding’ under summons, to. renew execution- on judgment recovered in 1896, issued and served in October, 1913. From order refusing motion, J. R. Pringle and T. Moultrie Mordecai, receivers of the Royal Fertilizer Company, claiming the judginent under an assignment from the plaintiff, First National Bank of Charleston, made on 23 June, 1911. Appeal. cites: 13 S. C. 120 and 59 S. C. 70. cites: 81 S. C. 89; 45 S. C. 11; 19 S. C. 498; Code Civil Proc., secs. 347 to. 349.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This was a summons to' renew an execution, and was heard by his Honor, Judge Gage, at the Fall term of the Court, in 1913, for Barnwell county. „ The summons (issued October 1, 1913) recited that the judgment was obtained and entered upon the docket, and execution issued thereon April 10, 1895, from the Court, but that the active energy had expired, and defendants were summoned to show cause why the same should not be renewed at the next term of Court. The defendants answered, and alleged that more than ten years had elapsed since the…
2Cases cited1 opinion
- Blohme v. SchmanckeSupreme Court of South Carolina · 1908