Supreme Court of South Carolina, 1937

Smith v. Thomas

Supreme Court of South Carolina · Decided October 7, 1937 · Baker, Chibe, Stabler, Messrs, Boni-Iam, Fishburne, Carter

193 S.E. 51; 184 S.C. 498; 1937 S.C. LEXIS 180 (South Eastern Reporter)

Counsel

Messrs. Padgett Padgett , for appellants, cite: As to venue of action for recovery of personal property: Sec. 420 Code 1932; 87 S.C. 101 ; 68 S.E., 1041 ; 107 S.C. 440 ; 93 S.E., 1 ; 147 S.C. 88 ; 144 S.E., 705 ; 191 S.E., 516. Mr. H. Klugh Purdy , for respondent, cites: Venue: 125 S.C. 146 ; 118 S.E., 177 .

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Baker.

This is an action in claim and delivery in the usual form for possession of one Ford truck and Great Dane trailer bottomed upon a past-due purchase-price mortgage. The mortgagors (appellants) are residents and citizens of Colleton County, and the personal property above described is usually kept, that is, stored when not in use, in Colleton County. While the property was temporarily in Jasper *500 County, this action was commenced in said last-mentioned county, and the truck and trailer seized by the sheriff of that county.

The appellants moved for an order changing the place of trial from Jasper to Colleton County based on the facts stated above, which motion was refused, and this appeal followed.

We are of the opinion that the cases cited by Hon. J. Henry Johnson, Circuit Judge, in his order refusing the motion, which order will be reported, are controlling, and that the exception should be, and it is hereby, overruled.

Affirmed.

Mr. Chibe Justice Stabler and Messrs. Justices Boni-iam and FishburnE concur. Mr. Justice Carter did not participate on account of illness.

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