Hunter v. Andrews

Citations

• 29 S.C.L. 73

Syllabus

<p>1. A verdict having been obtained against an absent debtor, in assumpsit, by foreign attachment, a motion was made for leave to enter up judgment, and have execution against the garnishee, who had failed to make any return. It was resisted upon an affidavit, submitted by the garnishee, and also by the sheriff, by which it appeared that when the attachments were lodged, a negro woman was the only property in possession of the garnishee, that had belonged to the absent debtor ; that this property was subject to the lien of executions against him, and was levied on and sold by the sheriff, and that both the sheriff and the garnishee understood that by an arrangement between the latter and the creditors, he was not to be further troubled after giving up the negro. By the sheriff’s return, it appeared that a copy had been delivered to the garnishee by a deputy, which not having been sworn to by him, was sworn to by the sheriff, at the trial. The garnishee swore that he did not remember ever having received a copy writ. The writ in attachment was returnable to October term, 1841.</p> <p>2. Motion refused by the presiding Judge, and leave granted the garnishee to make a return nunc pro tunc; and held, under the circumstances, that the discretion of the Circuit Court was properly exercised.</p> <p>3. The case of Green vs. McDonnell, 1 Bailey, 304, cited and approved.</p>