Gibson v. Everett

Citations

• 41 S.C. 22
• 19 S.E. 286
• 1894 S.C. LEXIS 87

Syllabus

<p>1. Order for Publication. — Where the facts necessary to authorize the publication of a summons are made to appear by affidavit, to the satisfaction of the officer who grants the order for publication, such order, in the absence of fraud and collusion, will not be vacated.</p> <p>2. Action by Non-Resident. — A non-resident may maintain action and procure warrant of attachment in the courts of this State without regard to where the cause of action arose.</p> <p>3. Ibid. — Attachment.—A non-resident plaintiff may institute action in the courts of this State against another non-resident on a money demand, and legally serve him in another State, after order for publication, where plaintiff at the time procures a warrant of attachment and has it levied on property of the absent defendant within this State; and the court has jurisdiction of the action, and may enforce its judgment to the extent of the property attached. Tillinghast v. Boston &c. Company, 39 S. C., 484, followed.</p>