Grollman v. Lipsitz

Citations

• 43 S.C. 329
• 21 S.E. 272
• 1895 S.C. LEXIS 170

Syllabus

<p>1. Attachment — Findings of Fact — Fraud.—In passing upon affidavits in-attachment, this court cannot review the findings of the Circuit Court as to the credibility of the witnesses or the truth of their statements. But the Circuit Judge erred in this case in holding that plaintiff’s affidavit, if true, did not disclose a case of fraudulent disposition of property.</p> <p>2. Ibid. — Affidavits in Reply. — The Circuit Judge, in stating that he would consider only such parts of reply affidavits as were in reply, erred in not indicating what portions were admissible.</p> <p>3. Ibid.' — Service.—An attachment should not be vacated for non-service of copies of attachment and affidavits on the defendant, as the statute does not require such service.</p> <p>4. Ibid. — The Undertaking in attachment does not require a seal, and may be signed in the partnership name by one of the firm.</p> <p>5. Ibid. — Ibid.—Attorney.—The officer issuing an attachment must require proof of an attorney’s authority to sign the plaintiff’s name to the undertaking, and this power of attorney should be filed, but the failure to file it is not fatal.</p> <p>6. Ibid. — Ibid.—Witnesses—Rules of Court. — The statute does not require an undertaking in attachment to be witnessed; and as the rules of court cannot impose conditions not required by statute, so much of Rule 66 of the Circuit Court as requires undertakings to be witnessed is inoperative.</p> <p>Y. Ibid. — Affidavits.—An affidavit in attachment may be made by any one who can depose as to the facts.</p> <p>8. Ibid. — Ibid.—Homestead.—An affidavit in attachment, alleging a fraudulent disposition of property, is not insufficient for failing to &ate that the property disposed of was not part of defendant’s homestead.</p> <p>9. Ibid.- — Undertaking—Partnership.—An undertaking in attachment by a partnership may be signed either with the firm name or by the several partners, the intention to bind the partnership being in some way indicated in th