Garrett v. Dial

Citations

• 13 S.C. 254
• 1880 S.C. LEXIS 45

Syllabus

<p>1. Where a decree ascertained that certain moneys, with interest, were in the hands of an assignee for the benefit of creditors, and applicable to a •debt admitted in the pleadings, -and it was referred to the commissioner •of the court to add the several sums together, with the interest thereon, and if insufficient to pay such debt to take testimony upon other items of the assignee’s account, but the decree did not state the aggregate of the moneys charged, nor order payment — Held, that it was not a final money decree.</p> <p>'2. To entitle a decree to rank as a judgment against the assets of one deceased, it must have ascertained a definite sum of money to be due, and ordered its payment; it must be a decree upon which an execution could have been issued. Cases considered.</p>