National Exchange Bank v. Stelling
Supreme Court of South Carolina
Before NORTON, J., Aiken, November, 1888. These actions were commenced and the attachments were issued in August, 1887. The certificate of' the clerk of court of Richmond County, Ga., was as follows: State of GeoRgia, Richmond County.
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Before NORTON, J., Aiken, November, 1888. These actions were commenced and the attachments were issued in August, 1887. The certificate of' the clerk of court of Richmond County, Ga., was as follows: State of GeoRgia, Richmond County. I, William E. Keener, clerk of the Superior Court, in and for said county, do hereby certify that Frank E. Fleming was duly appointed and commissioned a notary public, in and for said county, on the 24th of March, 1884; that his commission expired on the 24th day of March, 1888, four years from the date thereof; that he was such notary public on the first day of…
1ConcurrenceJustice McGowan
I concur in this judgment, except in so far as it sets aside the attachments on the ground that the plaintiff did not sign the undertaking, either personally or through an agent regularly authorized to act for him. This is the first time this question has been made under our present law, and its practical importance requires that I should state my view of it. There is no doubt that attachment is a statutory proceeding, but it is quite as certain that it is highly remedial in character, and is made “demandable as a common right.” It seems to me that when the provisions of the law are…
2Cases cited5 opinions
- Sours v. Great Northern Railway Co.Supreme Court of Minnesota · 1900
- Chandler v. SmithMassachusetts Supreme Judicial Court · 1817
- Leffingwell v. ChaveThe Superior Court of New York City · 1859
- Hadley v. BryarsSupreme Court of Alabama · 1877
- People ex rel. Titus v. Judges of the Court of Common PleasNew York Supreme Court · 1825