Claussen & Co. v. Easterling

Citations

• 19 S.C. 515
• 1883 S.C. LEXIS 108

Syllabus

<p>1. Where an attachment lias been levied, the defendant may attack it upon the ground that the allegations upon which it issued are untrue. In doubtful cases, an issue should be made for the jury, but this case having been heard and determined by the Circuit judge, on motion, without objection, this court did not interfere.</p> <p>2. The findings of fact by the Circuit judge from the affidavits submitted at. such hearing, reviewed and approved.</p> <p>3. A defendant to the action may take the proper steps to vacate an attachment issued against him upon allegations of a fraudulent transfer of his^ property, although not the owner of such property at the time the attachment was levied thereon.</p> <p>4. This ease distinguished from Metis v. Piedmont <6 Arlington Life Insurance Company, 17 S. C. 120.</p>