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· 11/28/1994

First Union Mortgage Corp. v. Thomas

Citations

  • 451 S.E.2d 907
  • 317 S.C. 63
  • 1994 S.C. App. LEXIS 155

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating an ulterior purpose is shown when a party uses the process to gain an illegitimate objective
  • stating an ulterior purpose is shown when a party uses the process to gain an illegitimate objective
  • “Because First Union simply carried the attachment process to its authorized conclusion, its actions as a matter of law do not constitute abuse of process.”
  • To prevail on a claim of fraudulent misrepresentation, the plaintiff must establish, inter alia, that he relied on and had a right to rely on the misrepresented facts.
  • court issued a writ of attachment on a check located in South Carolina intended for a non-resident, citing § 15-19-220 (1976) (all property of defendant in the state is subject to attachment except property constitutionally exempt from attachment)

Source: CourtListener parenthetical corpus (CC0).

Judges: Cureton, Howell, Shaw

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.