Supreme Court of South Carolina, 1921

Williams v. Carlson

Supreme Court of South Carolina · Decided December 19, 1921 · Watts

110 S.E. 69; 118 S.C. 46; 1921 S.C. LEXIS 196 (South Eastern Reporter)

Counsel

Mr. James H. Hammond , for appellant, cites: Requisites of affidavit in attachment: Code Proc. 1912, Sec. 281. Not necessary to state amount of claim in affidavit: 85 S.C. 114 . Obiter dicta in 62 S.C. 532 . Attachment should not be dissolved for error in Sheriff's return: 12 Rich., 617. Messrs. Tompkins, Barnett McDonald , for respondent, cite: Amount of injury must be alleged: 62 S.C. 530 ; 50 S.C. 192 . Sufficient allegation of damages: 85 S.C. 114 ; 32 S.C. 155 . Description of property not sufficiently explicit: 6 C.J., 817 and note. Answer not considered in passing on motion and improperly inserted in case for appeal: 50 S.C. 201 ; 24 S.C. 204 .

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from' an order of County Judge Whaley, dissolving an attachment of an automobile. The exceptions, five in number, are all overruled, because the affidavit is fatally defective, under Section 281, Vol. 2, Code of Laws 1912, which requires that an affidavit shall be presented “specifying the amount of the claim and the grounds thereof.” It must also appear by affidavit that a cause of action exists against defendant. His Honor committed no error in dissolving the attachment.

Judgment affirmed.

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