Addison v. Sujette

Citations

• 50 S.C. 192
• 27 S.E. 631
• 1897 S.C. LEXIS 19

Syllabus

<p>1. Attachment — Practice—Pekadings.—Under a notice of a motion to vacate an attachment, because ‘ ‘improvidently issued and without warrant of law,” the questions of improvident issuance and irregularity may be considered. .</p> <p>2. Ibid. — Code Considered. — The affidavits upon which the attachment in this case was issued, held not to state a cause of action, as required by sec. 250 of Code.</p> <p>3. Ibid. — Practice.—A motion to vacate an attachment, because issued without authority of law, can only be heard on the affidavits before the clerk at time of issuance.</p> <p>4. Ibid. — Ibid.—Code Construed —Attachment cannot be issued against property of an absent defendant in an action for slander— construing sec. 248 of Code.</p> <p>5. Arrest and Baie — Practice.—It seems that arrest and bail may be used in an action against a non-resident defendant for slander.</p> <p>6. Attachment — Circuit Judge. — May a Circuit Judge require an attachment bond to be strengthened, as a condition of refusing a motion to vacate an attachment?</p> <p>7. Arrest and Baie. — Affidavits upon which arrest and bail in this case were based, held not to state a cause of action.</p>