Josey v. Reynolds

(dissenting) : This is an appeal from an order of his Honor, Judge Dennis, refusing a motion of the defendant to vacate an attachment. The motion was made upon grounds that suggest that the attachment was both irregularly and improvidently issued. As far back as the case of Monday v. Elmore, 27 S. C., 126, 3 S. E., 65, 66, the late Chief Justice Simpson very clearly explained the difference between an attachment irregularly, and one improvidently, issued: “An attachment is irregularly issued when it appears upon the face of the proceedings that there is no ground for the attachment; in other…