Whitfield v. Hovey
Supreme Court of South Carolina
Before Norton, J., Greenville, May, 1888. This was an action by Whitfield, Powers & Co. against Hovey and Townes, the latter of whom resided in this State and was duly served. Attachment was issued against the interest of Hovey, the non-resident partner, who in December, 1887, moved to vacate this attachment.
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Before Norton, J., Greenville, May, 1888. This was an action by Whitfield, Powers & Co. against Hovey and Townes, the latter of whom resided in this State and was duly served. Attachment was issued against the interest of Hovey, the non-resident partner, who in December, 1887, moved to vacate this attachment. The notice of motion was as follows : “Please take notice that we have been retained by, and appear for, the defendant, Marius M. Hovey, in the above case, for the purpose of moving to vacate the attachment issued herein, arid the order directing a sale of the attached property, and that…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice Simpson.
The defendants, doing business in Greenville, were sued on three promissory notes given in their business. Townes was a resident of Greenville, but Hovey at the time of 'the summons in the action was and still is a non*118resident of this State. At the time of the filing of the summons and complaint, upon affidavit that Hovey was a non-resident, the plaintiffs procured an attachment against the half interest of Hovey in the stock of merchandise of Hovey & Townes, which ■was levied upon and sold by the sheriff. Shortly thereafter,…
2Cases cited3 opinions
- In re SmithNew York Supreme Court · 1819
- Green v. PyneSupreme Court of Alabama · 1840
- Leroy M. Wiley & Co. v. SledgeSupreme Court of Georgia · 1850
3Cited by2 opinions
- PALMETTO PRODUCTION CREDIT ASSOC. v. WillsonSupreme Court of South Carolina · 1971
- Morgan v. D. W. Alderman & Sons' Co.Supreme Court of South Carolina · 1905