Summerton Live Stock Co. v. Early

Supreme Court of South Carolina
Summerton Live Stock Co. v. Early, 96 S.E. 518 (S.C. 1918)
111 S.C. 154; 1918 S.C. LEXIS 98
Gary

Summerton Live Stock Co. v. Early

Opinion of the Court

The opinion of the Court was delivered by

Mr. ChieeJustice Gary.

*155 This is an appeal from an order refusing a motion to set aside an attachment, on the ground that the written undertaking required by the statute was not signed by the plaintiff, but only by another party as surety, before the warrant was issued.

There were no' facts showing that the principle announced in the following cases is not applicable to the cause under consideration: Bank v. Stelling, 31 S. C. 360, 9 S. E. 1028; Wagener v. Booker, 31 S. C. 375, 9 S. E. 1055; Booker v. Smith, 38 S. C. 228, 16 S. E. 774; Hampton v. Bogan, 55 S. C. 547, 33 S. E. 581.

Reversed.

Reference

Full Case Name
Summerton Live Stock Co. v. Early.
Status
Published
Syllabus
Attachment — Undertakings — Signing by Plaintiff. — The written undertaking required by the statute in attachment is insufficient when-not signed by the plaintiff, but only by another party as surety before issuance of warrant.