George D. Shore & Bro. v. Baltimore & Ohio Railroad
Supreme Court of South Carolina
Before Purdy, J., Sumter, February, 1906. Action by George D. Shore & Bro. against Baltimore and Ohio Railroad Co. From order dissolving attachment on the motion of the Atlantic Coast Line Co., intervenor, plaintiff appeals. cite: The Atlantic Coast Line R. R. has no right to intervene under sec. 2¡¡a of Code: 17 S. C., 116, 120; 25 S. C., 467. The car was not engaged in interstate commerce when attached, and the rule invoked by respondent does not apply: 65 S. C., 526; Aug.…
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Before Purdy, J., Sumter, February, 1906. Action by George D. Shore & Bro. against Baltimore and Ohio Railroad Co. From order dissolving attachment on the motion of the Atlantic Coast Line Co., intervenor, plaintiff appeals. cite: The Atlantic Coast Line R. R. has no right to intervene under sec. 2¡¡a of Code: 17 S. C., 116, 120; 25 S. C., 467. The car was not engaged in interstate commerce when attached, and the rule invoked by respondent does not apply: 65 S. C., 526; Aug. & Ames, on C'orp., secs. 640, 641; 4 Cyc., 557'; 75 Am. Dec., 518; 72 Am. Dec., 336; 32 Ni H., 484; 17 Ency., 70; 34 L.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
The plaintiff brought this action to recover of the Baltimore & Ohio Railroad Company damages for failure to promptly deliver a shipment of corn, and procured a warrant of attachment against defendant as a foreign corporation alleged to have property in this State. After giving the notice required by Section 2178, Vol. I., Civil Code, the sheriff, under this warrant of attachment, seized a freight box car, No. 81610, belonging to the Baltimore & Ohio R. R. Co., while in the possession of the Atlantic Coast Line R. R. Co., and standing…
2Cases cited3 opinions
- Wall v. N. & W. R. R.West Virginia Supreme Court · 1903
- Ford v. CalhounSupreme Court of South Carolina · 1898
- Chitty v. Pennsylvania Ry. Co.Supreme Court of South Carolina · 1902
3Cited by3 opinions
- DeRochemont v. New York Central & Hudson River RailroadSupreme Court of New Hampshire · 1909
- Martin v. One Chevrolet TruckSupreme Court of South Carolina · 1945
- Dye v. Denver & Rio Grande RailroadSupreme Court of Kansas · 1915