Penning v. Reid

The opinion of the Court was delivered by

Mr. Justice StabeEr.

We have made a careful and painstaking study of the questions involved in this appeal, and are satisfied with and approve the conclusions arrived at by Judge Johnson in his very full and well-considered decree.

With respect to the necessity for a “nulla bona return,” a novel question is presented under the special facts of this case; and while the general rule is as stated in Temple v. Montgomery, 157 S. C., 85, 153 S. E., 640, we think, in line with the great weight of authority, that an exception to this rule arose under the facts…