H. J. Baker & Bro. v. Doe
Supreme Court of South Carolina
Before MbmmingEr, J., Charleston, May, 1910. Action by H. J. Baker & Co. against John Doe and Richard Roe, unknown owners of steamship “Powhatan.” From order refusing to vacate attachment and set aside service of summons, defendants appeal. Mr. Huger cites: No property belonging to defendants has been attached: Hunt on Tender, par. 362, 454; 41 Am.
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Before MbmmingEr, J., Charleston, May, 1910. Action by H. J. Baker & Co. against John Doe and Richard Roe, unknown owners of steamship “Powhatan.” From order refusing to vacate attachment and set aside service of summons, defendants appeal. Mr. Huger cites: No property belonging to defendants has been attached: Hunt on Tender, par. 362, 454; 41 Am. Dec. 914; 23 Mo. 281; 1 Rich. 27; 12 Rich. 202; 1 Strob. 239; 8 Vt. 190; 3 Sneed 379 ; 45 N. H. 168; 12 C'uth. 137; 20 Ind. 67; 7 Gray 491; 23 S. E. 702; Drake on Attach, pars. 245-7. No debt was attached: 20 L. R. A. 118; 37 Neb. 849; 2 N. & McC.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an appeal from two orders— one refusing to vacate an attachment, and the other refusing to set aside the service of summons.
The grounds upon which the motions, for said' orders were made, were the same.
The affidavit of Theodore J. Simmons, upon which the warrant of attachment was issued, was as follows:
1. “That he is the resident agent and representative of Frank Morse Smith and Wm. H. Gelshennen, copartners carrying on business under the name and style of H. J. Baker & Bro., with their principal office in the city and State of…
2Cases cited4 opinions
- Chicago, Rock Island & Pacific Railway Co. v. SturmSupreme Court of the United States · 1899
- Wyman v. HalsteadSupreme Court of the United States · 1884
- Jones v. RobbinsMassachusetts Supreme Judicial Court · 1857
- George v. American Ginning Co.Supreme Court of South Carolina · 1896
3Cited by7 opinions
- Howard v. AllenSupreme Court of South Carolina · 1970
- La Varre v. International Paper Co.District Court, E.D. South Carolina · 1929
- Beidler v. South Carolina Tax CommissionSupreme Court of South Carolina · 1927
- Cleveland v. CannadySupreme Court of South Carolina · 1919
- Allen, Inc. v. ISLAND CO-OP. ASS'N, LTD.Supreme Court of South Carolina · 1959
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