Chitty v. Pennsylvania Ry. Co.
Supreme Court of South Carolina
• Before Buchanan, J., Bamberg-, April, 1901. Action by F. W. Chitty vs. Pennsylvania 'Ry. Co. From order refusing to dissolve attachment defendant appeals. cites: Affidavit does not state a cause of action: 33 S. C., 353; 27 S. C., 130; 32 S. C., 157; 31 S. C., 307. On motion to dissolve, Judge can only consider -matters before the clerk: 24 S. C., 119; 31 S. C., 46. Attachment will not lie here for unliquidated damages for breach of contract: 1 Ency., 896; 24 S. C., 596;…
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• Before Buchanan, J., Bamberg-, April, 1901. Action by F. W. Chitty vs. Pennsylvania 'Ry. Co. From order refusing to dissolve attachment defendant appeals. cites: Affidavit does not state a cause of action: 33 S. C., 353; 27 S. C., 130; 32 S. C., 157; 31 S. C., 307. On motion to dissolve, Judge can only consider -matters before the clerk: 24 S. C., 119; 31 S. C., 46. Attachment will not lie here for unliquidated damages for breach of contract: 1 Ency., 896; 24 S. C., 596; 31 S. C., 301; 27 S. C., 129; 2 Wait’s Pr., 145. Waples on Attachment, 112, 114. Shinn on Attachment, secs. 127, 132,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice 'Gary.
The record contains the following statement of facts: “This was a motion to- dissolve an attachment, the warrant for which was issued by the clerk of the Court of Common Pleas for the said State and county, on the 1st day of March, 1961. The summons, affidavit and the bond were filed with the clerk of said Court on the first day of March, 1901, and the complaint in the action was filed on the 20th day of March, 1901. The complaint, affidavit, bond and warrant of attachment, with the indorsement upon each, are fully set out in the…
2Cited by4 opinions
- Town of Brunson v. YoumansSupreme Court of South Carolina · 1907
- George D. Shore & Bro. v. Baltimore & Ohio RailroadSupreme Court of South Carolina · 1907
- Fleming v. ByrdSupreme Court of South Carolina · 1907
- Josey v. ReynoldsSupreme Court of South Carolina · 1929