Burdett v. McAllister

Citations

• 42 S.C. 352
• 20 S.E. 86

Syllabus

<p>1. Supplementary Proceedings. — On proper showing that an execution has been returned unsatisfied, and that the debtor has property which he unjustly refuses to apply to the debt, it is the statutory right of the judgment creditor to obtain an order from the Circuit Judge appointing a receiver to recover such property, however slight its value may be.</p> <p>2. Exceptions not considered which related to matters not passed upon on Circuit.</p> <p>3. Supplementary Proceedinss. — The Circuit Judge was not in error in failing to direct the judgment debtor in supplementary proceedings to apply money in his hands to the judgment, where, on his examination, he was not pressed to declare what had become of the money which he had recently received.</p> <p>4. Costs in Supplementary Proceedinss are statutory, and a direction as to their payment falls with a reversal of the order on the merits.</p>