Cureton v. Dargan

Citations

• 12 S.C. 122
• 1879 S.C. LEXIS 45

Syllabus

<p>1. The Circuit judge, on motion upon notice, may dissolve an attachment at chambers.</p> <p>2. Summons was dated same day attachment was granted and levied, but the endorsement of the sheriff’s entry on the summons was dated the day after, on which day it was served. Held, that in the absence of other testimony it was error to dissolve the attachment, as irregularity by the clerk who granted the order cannot be presumed, and the summons may have been issued the day of its date by delivery to some other person than the sheriff for service; McIver, A. J., dissenting — that under Section 122 of the code, action can be commenced only by service of summons, or by delivery to the sheriff or other officer for service.</p>