Legal Opinion

Henry Merc. Co. v. Graham, Sheriff

Supreme Court of South Carolina

Decided July 30, 1917No. 9788PublishedCited by 1 opinion

Before Prince, J., Kingstree, December, 1916. Action by the Henry Mercantile Company against the Georgetown & Western Railroad Company. Judgment for plaintiff. The Mercantile Company made application for' an order requiring George J. Graham, as sheriff of Williamsburg county, to levy upon certain property that was owned by defendant. Order issued, and defendant appeals. cite: As to rule of statutory construction: 84 S. C. 563; 9 S. C. 44; 13 Rich. 277; Cooley Const.

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Before Prince, J., Kingstree, December, 1916. Action by the Henry Mercantile Company against the Georgetown & Western Railroad Company. Judgment for plaintiff. The Mercantile Company made application for' an order requiring George J. Graham, as sheriff of Williamsburg county, to levy upon certain property that was owned by defendant. Order issued, and defendant appeals. cite: As to rule of statutory construction: 84 S. C. 563; 9 S. C. 44; 13 Rich. 277; Cooley Const. Rim. 223; 26 A. & E. Enc. of D. 964: Const., art. I., secs. 5, 8 and 17; 17 Stats. .835; Gen’l Stats. 1882, sec. 1528; Civil…

1Opinion of the Court

The opinion of the' Court was delivered by

Mr. Justice Gage.

The appeal is from an order of the Circuit Court which directed the sheriff to levy execution against certain property of the Georgetown & Western Railroad Company, hereinafter called the Railroad Company. The cause is sequel to that reported at 104 S. C. 478, 89 S. E. 480. It was there held that the Railroad Company was liable to judgment for the delict committed by it before its dissolution. If that be true, then the apparent corollary to that postulate is this: That the property which the Railroad Company held before dissolution is…

2Cases cited2 opinions

  1. Henry Mercantile Co. v. Georgetown & W. R. Co.Supreme Court of South Carolina · 1916
  2. Rhame v. Southern Express Co.Supreme Court of South Carolina · 1909

3Cited by1 opinion

  1. Key v. Carolina & N. W. Ry. Co.Supreme Court of South Carolina · 1931

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