Harrison v. Manufacturing Co.
Supreme Court of South Carolina
Before THOMSON, J., at Aiken, April Term, 1878. This was a rule to show cause, issued in a case entitled W. H. Harrison, assignee of John M. Clark & Sons, against the Southern Porcelain Manufacturing Company. The case is stated in a brief, of which the following is a copy: This is a rule to show cause, issued by Judge Thomas Thomson at the April extra Term, 1878, of the Court of Common Pleas for Aiken County.
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Before THOMSON, J., at Aiken, April Term, 1878. This was a rule to show cause, issued in a case entitled W. H. Harrison, assignee of John M. Clark & Sons, against the Southern Porcelain Manufacturing Company. The case is stated in a brief, of which the following is a copy: This is a rule to show cause, issued by Judge Thomas Thomson at the April extra Term, 1878, of the Court of Common Pleas for Aiken County. The rule was based on the affidavit on behalf of the appellant showing that the Sheriff, the respondent, had received from sales of the real estate of the defendant company on sales day…
1Opinion of the Court
The opinion of the Court was delivered by
Haskell, A. J.
As stated in the Court below, “ the validity of the transcript [of judgment] was the question in the case,” and the Circuit Judge decides that “ the transcript” is so defective as to create no lien.
The decision rests upon the legal presumption that the transcript lodged cannot be a copy of a judgment, for it does not contain the requisites of a judgment; or upon this: that if the transcript be correct, the judgment is defective and constitutes no lien. There is attached to the “transcript” a certificate “that the foregoing is a correct…
2Cited by1 opinion
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