Legal Opinion

Maxwell v. Horton

Supreme Court of South Carolina

Decided July 3, 1917No. 9722PublishedCited by 1 opinion

Before Peurieoy, J., Spartanburg, Action by James Maxwell and another against William A. Horton. From an order granting the plaintiffs leave to issue execution against the person of the judgment debtor after the return of an execution against his property unsatisfied, defendant appeals. cites: Code Civ. Proc., sec. 230; 79 S. C. 9; 38 S. C. 71; 102 S. C. 499. cites: Code Civ. Proc., secs. 230, 346, 347; 82 S. C. 432; 104 S. C. 81.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chirr Justicr Gary.

This is an appeal from an order granting the plaintiff leave to issue an execution against the person of the judgment debtor, after the return of an execution against his property unsatisfied. On the 20th of April, 1916, the Circuit Court rendered judgment as follows:

“It appears that James Maxwell entered into a contract with the defendant, whereby he was to work for the defendant for wages until ‘lay-by time,’ and his wife, Elizabeth Maxwell, had a contract to work a hoe crop on defendant’s place, whereby she was to receive…

2Cases cited1 opinion

  1. Malcolm Mercantile Co. v. BrittSupreme Court of South Carolina · 1915

3Cited by1 opinion

  1. Baker Wholesale Co. v. FlemingSupreme Court of South Carolina · 1955

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