Davis v. Cardue

Citations

• 38 S.C. 471
• 17 S.E. 247
• 1893 S.C. LEXIS 85

Syllabus

<p>1. Arrest — Fraud.—Where the facts stated in an affidavit show no fraud or false representations in contracting a debt, but only subsequent evasions ' in avoiding payment, a case for arrest, under subd. 3 of section 200 of the Code, is not made out.</p> <p>2. Ibid. — Ibid.—The expression by a debtor of an intention to leave the town in which he is working so soon as he receives payment for a building which he is constructing, does not show a purpose to dispose of his property with intent to defraud his creditors, under subd. 4 of section 200 of the Code.</p> <p>3. Ibid. — Ibid.—Under the showing made by the affidavits in this case, an order of arrest, issued by the clerk of court, was properly vacated. '</p> <p>4. Ibid. — Ibid.—Additional Affidavits. — On motion to vacate an order of arrest issued by the clerk, additional affidavits on behalf of plaintiff, served in advance of the hearing, cau be considered only so far as they are in reply to defendants affidavits.</p> <p>5. Appeal — Exception.—A point raised in argument on appeal cannot be considered, where not raised by exception nor sustained by the facts of the case.</p>