Garlington v. Gilliam

Citations

• 31 S.C. 333
• 9 S.E. 1037
• 1889 S.C. LEXIS 44

Syllabus

<p>1. At the hearing of a motion to vacate for irregularity and improvidence warrants issued to enforce agricultural liens, the judge may consider, upon the question of jurisdiction, proceedings had subsequent to the issue of the warrants, constituting a part of the records of those cases.</p> <p>2. While a Circuit Judge may have j urisdiction at chambers to vacate agricultural lien warrants for irregularity or improvidence, he has no such jurisdiction after the defendant has elected the remedy given him by the statute, contests his indebtedness, meets the issue made up and set down for trial, and the matters are referred to a referee for testimony and report.</p>