Green v. Bookhart

Citations

• 19 S.C. 466
• 1883 S.C. LEXIS 99

Syllabus

<p>1. Judgment was obtained against two defendants, one of wliom resided in another county. Upon execution returned unsatisfied in the county of the judgment, the judge granted an order in supplementary proceedings for the appearance in that court of the absent debtor, who appeared without objection and was examined, and an order was then piassed appointing- a receiver. Held, that such debtor had thereby waived his right to an examination in his own county, nor could he afterwards object to the appointment of the receiver upon the ground that no execution had there issued.</p> <p>2. And in action by this receiver to recover from a third person property belonging to the judgment debtor, such defendant cannot interpose these irregularities as an objection to the appointment of the receiver.</p> <p>3. Although the application for the appointment of receiver was made under subdivision 1 of section 312 of the code, the order might be granted under subdivision 2 of that section, if the facts appearing justified it, and under subdivision 2 the issue of execution is not a prerequisite to such appointment.</p>