Mason v. Killough Music Co.
Supreme Court of South Carolina
Before Fraser, J., Sumter, December, 1894. Motion to set aside execution for illegality. Motion granted. Plaintiff appeals. The following is the order of his Honor, Judge Fraser, and plaintiff’s exceptions: This case is before me at chambers on a motion to set aside an execution issued in the case, and for other relief. The facts stated in the motion papers are not controverted, and it is not necessary to restate them in this order.
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Before Fraser, J., Sumter, December, 1894. Motion to set aside execution for illegality. Motion granted. Plaintiff appeals. The following is the order of his Honor, Judge Fraser, and plaintiff’s exceptions: This case is before me at chambers on a motion to set aside an execution issued in the case, and for other relief. The facts stated in the motion papers are not controverted, and it is not necessary to restate them in this order. I am satisfied that the clerk had no right to issue the execution before the entry of the judgment, and that a mere filing with the clerk of formal judgment made…
1Opinion of the Court
Opinion of the court was delivered by
Mr. Justice Gary.
On the 12th of September, 1895 (mistake for 1894), the plaintiff took judgment by default against the defendant for the sum of $858.76, and obtained leave from his Honor, Judge Townsend, to enter up judgment immediately, on the ground, as set forth in an affidavit, that defendant had threatened to make an assignment if any judgment was taken against him. Judgment was shortly afterwards signed and sealed by the clerk of court, who also, at the request of plaintiff’s attorneys, issued execution upon said judgment. The sheriff, upon the same…
2Cited by4 opinions
- Kennedy v. KennedySupreme Court of South Carolina · 1910
- Blohme v. SchmanckeSupreme Court of South Carolina · 1908
- Harvey v. GibsonSupreme Court of South Carolina · 1939
- Farmers & Merchants Bank v. HollidaySupreme Court of South Carolina · 1917