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· 7/27/1894

Guckenheimer v. Libbey

Citations

  • 42 S.C. 162
  • 19 S.E. 999
  • 1894 S.C. LEXIS 10

Syllabus

<p>1. Attachments — Motions to Dissolve. — The question whether notice of motion to vacate an attachment for irregularity should specify the particular irregularity, not considered, because not determined in the Circuit Court.</p> <p>2. Ibid. — Pacts.—-Where the Circuit Judge set aside attachments in actions based upon money demands by a general order, without any specific findings of fact, this court is uninfluenced by any findings of fact in the court below.</p> <p>3. Ibid. — Irregularity—Aeeidavits.—Attachments were not irregularly issued by the clerk where he had before him the several affidavits of plaintiffs and other persons in the several actions, stating facts and sources of information, which showed that the debts were due, the defendants consciously insolvent and about to go out of business and leave the State, had shipped away personal effects, offered to sell out in bulk at a sacrifice, and made false statements about their affairs.</p>

Judges: McGowan

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