State v. Hertzog
Supreme Court of South Carolina
Before Robert Aldrich, J., Marlboro. November, 1911. Indictment against E. E. Hertzog and R. H. Rudisail. Defendants appeal on the following exceptions: First.
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Before Robert Aldrich, J., Marlboro. November, 1911. Indictment against E. E. Hertzog and R. H. Rudisail. Defendants appeal on the following exceptions: First. “Because the indictment contains three counts, two under the act of 1896, as amended by the act of 1897. And the third under the act making it a misdemeanor to dispose of property under a lien without the written consent of the lienee, and cannot be sustained as to the third count of the indictment for the reason that the special remedy provided by the acts of 1896 and 1897 is exclusive and must be pursued. Second. “Because the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This appeal is from an order of the Court of General Sessions refusing to quash an indictment against the defendant containing counts charging disposition by him of money subject to a statutory lien in violation of sections 337 and 338 of the Criminal Code. Section 337 is the familiar statute which in general terms made a criminal offense the disposition of any personal property upon which a lien exists without paying the lien debt or depositing the amount of it with the clerk of the Court.
The case turns mainly on the…
2Cases cited5 opinions
- Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
- Ex Parte HollmanSupreme Court of South Carolina · 1908
- Simmons v. Western Union Tel. Co.Supreme Court of South Carolina · 1902
- Johnson, Lytle & Co. v. Spartan MillsSupreme Court of South Carolina · 1904
- State v. BardenSupreme Court of South Carolina · 1902
3Cited by17 opinions
- Pauly v. KeeblerWisconsin Supreme Court · 1921
- Daugherty v. StateTennessee Supreme Court · 1965
- Arnold v. City of SpartanburgSupreme Court of South Carolina · 1943
- State v. Tabasso Homes, Inc.New York Court of General Session of the Peace · 1942
- Miller v. StateWyoming Supreme Court · 1987
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