Legal Opinion

Seibels v. Northern Central Ry. Co.

Supreme Court of South Carolina

Decided April 21, 1908No. 6888PublishedCited by 5 opinions

Before Memminger, J., Richland, January, 1907. Action by Edwin G. Seibels and Dorothy N. Seibels against the Northern Central Railway Company, the New York Central & Hudson River Railroad Company.

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Before Memminger, J., Richland, January, 1907. Action by Edwin G. Seibels and Dorothy N. Seibels against the Northern Central Railway Company, the New York Central & Hudson River Railroad Company. From circuit order refusing to dissolve attachment, the New York Central and Hudson River Railroad Company appeals. cite: Car mas not subject to attachment: 63 S. C., 536; 64 L. R. A., 501, 634; 76 S. C., 473. Sheriff did not take actual possession of car, hence attachment void: 3 Ency., 340; Code of Proc., Secs. '353, 357, 358. The complaint ffails to state a cause of action: 54 S'. C., 583; 69 S.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

The appeal’ is from an order refusing to vacate ah attachment levied at the instance of plaintiffs. on a freight box car belonging to the defendant, New York Central & Hudson River Railroad Company, a foreign corporation, while in the yard of the Seaboard Air Tine Railwáy Company at Columbia, S. C.

The exceptions raise three questions:

1. Whether the complaint stated facts sufficient to constitute a cause of action against the appellant, New York Central & Hudson' River Railroad Company, so as to sustain an attachment of its property.

2.…

2Cases cited4 opinions

  1. Williamson v. Eastern B. & L. Ass'nSupreme Court of South Carolina · 1899
  2. Southern Flour & Grain Co. v. Northern Pacific Railway Co.Supreme Court of Georgia · 1907
  3. Lowry v. JacksonSupreme Court of South Carolina · 1887
  4. Matthews v. Charleston, Railway Co.Supreme Court of South Carolina · 1893

3Cited by5 opinions

  1. Davis v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of the United States · 1910
  2. Hyde v. Southern Grocery Stores, Inc.Supreme Court of South Carolina · 1941
  3. Marshall v. United AirlinesCalifornia Court of Appeal · 1973
  4. Martin v. One Chevrolet TruckSupreme Court of South Carolina · 1945
  5. Dye v. Denver & Rio Grande RailroadSupreme Court of Kansas · 1915

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