Moyer v. Drummond
Supreme Court of South Carolina
Before Hudson, J., Spartanburg, April, 1889. This was a proceeding supplementary to execution instituted in May, 1888, by the judgment plaintiff in the case of J. Moyer against J. N. Drummond. The indebtedness was $144.80, with interest from March 23, 1888, and costs.
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Before Hudson, J., Spartanburg, April, 1889. This was a proceeding supplementary to execution instituted in May, 1888, by the judgment plaintiff in the case of J. Moyer against J. N. Drummond. The indebtedness was $144.80, with interest from March 23, 1888, and costs. The defendant was a member of a firm, whose net assets, after deducting indebtedness, amounted to $2,315.89, of which defendant’s share, less his account, was $438.75. Defendant, an unmarried man, and his unmarried invalid sister lived together. He claimed that his share of the net balance in the partnership was exempted from…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
This was a proceeding to subject the interest of defendant in a certain partnership, of which he was a member, to the payment of a debt due by him to the plaintiff, under proceedings supplementary to an execution. Defendant claimed that his interest in said partnership did not amount to the sum of five hundred dollars, and was therefore exempt under the homestead laws of the State. The Circuit Judge held that the defendant was not entitled to the exemption claimed for two reasons: 1st. Because he was not the head of a family. 2nd.…
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