Supreme Court of South Carolina, 1918

Summerton Live Stock Co. v. Early

Summerton Live Stock Co. v. Early
Supreme Court of South Carolina · Decided August 15, 1918 · Gary
96 S.E. 518; 111 S.C. 154; 1918 S.C. LEXIS 98 (South Eastern Reporter)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.