Kennedy & Son v. Dunbar

Citations

• 46 S.C. 517
• 24 S.E. 383
• 1896 S.C. LEXIS 76

Syllabus

<p>1. Circuit Judge — Agricultural Lien — Warrant op Attachment — Rev. Stat., 2519. — A Circuit Judge has jurisdiction to hear a motion to vacate a warrant of attachment issued by a Trial Justice on an agricultural lien at any time while the crops seized are in possession of the attaching officer — construing Rev. Stat., 2519.</p> <p>2. Supreme Court — Finding op Fact. — This Court has no jurisdiction to make any original finding of fact, and as the Circuit Judge here did not pass upon the facts, there are no findings for this Court to review.</p> <p>3. Warrant op Attachment — Agricultural Lien — Motion to Set Aside— Rev. Stat., 2518, 2519. — The remedy given a lienor in sec. 2519 of Rev. Stat. to move to set aside a warrant of attachment under an agricultural lien, for illegal or improvident issuance, is not required to be made within ten days of seizure; nor is the remedy given in Rev. Stat., 2518, to ascertain amount due on lien, .exclusive of that provided in Rev. Stat., 2519— construing secs. 2518 and 2519, Rev. Stat.</p>