Legal Opinion

Wagener v. Booker

Supreme Court of South Carolina

Decided July 20, 1889PublishedCited by 5 opinions

Before Norton, J., Abbeville, March, 1889. These were motions made on Circuit by the defendant, E. IT. Booker, to dissolve attachments issued against him by E. W. Wagener '& Co. in one case, and by Watkins & Davenport in another. Upon the points decided by this court, the opinion fully states the case.

1Opinion of the Court

The opinion of the court was delivered by

Mr. Chief Justice Simpson.

This appeal is before us from orders of his honor, Judge Norton, refusing to vacate and dissolve certain attachments issued by the clerk of the court in the cases above. It appears that the original affidavits upon which the attachments were issued were not filed in the clerk’s office within the ten days required by the act, though it seems that copies had been filed. It also appears that the undertaking furnished by the attaching creditor in each of the cases had been executed by a third party alone — we suppose a surety —…

2Cited by5 opinions

  1. Abbott v. Sumter Lumber Co.Supreme Court of South Carolina · 1912
  2. Forrest v. McBeeSupreme Court of South Carolina · 1905
  3. McDaniel v. PattersonSupreme Court of South Carolina · 1931
  4. Marshall Bros. Furniture Co., Inc. v. DrawdySupreme Court of South Carolina · 1937
  5. Summerton Live Stock Co. v. EarlySupreme Court of South Carolina · 1918

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