Legal Opinion

Cook v. Cook

Supreme Court of South Carolina

Decided July 12, 1917No. 9749PublishedCited by 1 opinion

Before Wieson, J., Greenwood, Action by J. L. Cook against George Q. Cook. From an adverse order, plaintiff appeals. cite: As to procedure to enforce lien: Civil Code, sec. 4167; 31 S. C. 444; 27 S. C. 126. cite: Civil Code, secs. 4166, 4167, 3059; 26 Stats. 178; 31 S. C. 444; 58 S. C. 98; 27 S. C. 126. Attachment: Code Civ. Proc., sec. 279.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from an order of Judge Wilson reversing a judgment rendered in the magistrate’s Court and dissolving a warrant of attachment issued from magistrate’s Court whereby defendant’s property was attached.

The only question involved in the appeal as made by the exceptions is whether or .not the affidavit in the case is a sufficient affidavit upon which to base a warrant of attachment for seizure of the crops of defendant. The magistrate held it was sufficient, and Judge Wilson reversed this holding. The affidavit states:

“The…

2Cases cited2 opinions

  1. Sharp v. PalmerSupreme Court of South Carolina · 1889
  2. Monday v. ElmoreSupreme Court of South Carolina · 1887

3Cited by1 opinion

  1. Sabb v. RichardsonSupreme Court of South Carolina · 1923

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