Legal Opinion

Phillips &c. Co. v. Ray

Supreme Court of South Carolina

Decided February 18, 1895PublishedCited by 8 opinions

Before Gary, J., Spartanburg, March, 1894. This was a motion by the Perry Stove Company in the case of Phillips & Buttorff Manufacturing Company against J. F. Bay and W. P. Wray.

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Before Gary, J., Spartanburg, March, 1894. This was a motion by the Perry Stove Company in the case of Phillips & Buttorff Manufacturing Company against J. F. Bay and W. P. Wray. The facts, as agreed upon and incorporated in the Brief, are as follows: On February 15,1892, the plaintiff herein, which is a corporation chartered by the laws of Tennessee, and located and doing business therein, issued the summons herein, and, upon the complaint and affidavit and bond, obtained a warrant of attachment against the property of the defendants, which, when issued, was in rhe usual form, except that…

1Opinion of the Court

The opinion of the court was delivered by

Mr. Justice Gary.

The agreed statement of facts set forth in the “Case,” including the order of his honor, Judge Wallace, upon which his honor, Judge Gary, heard the case on Circuit, the order of Judge Gary and appellant’s exceptions will be incorporated in the report of the case.

1 The first question we will consider is: Did the appellant have the right to make the motion to set aside the summons issued by the plaintiff herein, the service thereof, the warrant of attachment, the levy and lien thereof, and the judgment therein entered on the 7th of…

2Cited by8 opinions

  1. Nixon & Danforth v. Piedmont Mutual InsuranceSupreme Court of South Carolina · 1906
  2. Jenkins v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
  3. Garrett v. Herring Furniture Co.Supreme Court of South Carolina · 1904
  4. HS Chisholm, Inc. v. KLINGERSupreme Court of South Carolina · 1956
  5. Savannah Grocery Co. v. RizerSupreme Court of South Carolina · 1905

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