Clinkscales v. Hall

Citations

• 15 S.C. 602
• 1881 S.C. LEXIS 110

Syllabus

<p>1. A married woman may be sued at law upon lier personal contract entered into as surety for her husband, if it was based upon sufficient consideration, and was not procured by duress.</p> <p>2. The provisions of Sections 298 and 310 of the code of procedure, requiring an execution against a married woman to direct a levy and collection out of her separate property and not otherwise, are merely directory, and not necessary to the validity of the execution.</p> <p>3. A judgment, not absolutely void, cannot be assailed by the judgment debtor under supplementary proceedings.</p>