Kennesaw Mills Co. v. Walker

Citations

• 19 S.C. 104
• 1883 S.C. LEXIS 61

Syllabus

<p>1. In supplementary proceedings separately taken by two judgment creditors-against the same defendant, an order was passed in each case, referring it to a referee to take the examination, the referee in both cases being the-same person. Held, that the two cases might be heard together.</p> <p>2. A referee, no matter how limited his powers, must sometimes necessarily decide questions of law arising in the progress of the inquiry he is ordered to make.</p> <p>3. A Circuit-judge at his chambers in a county other than that in which the judgment debtor resides, may pass the final order in supplementary proceedings, the examination of the defendant having been had in his own county before a referee appointed for that purpose.</p> <p>4. An order in supplementary proceedings for the surrender of a sum of money ascertained to be in the defendant’s hands, and for imprisonment in case of refusal, is not a “ punishment without trial by jury,” nor “ imprisonment for debt,” within the meaning of those terms as used in the constitution.</p> <p>5. But in an order for the delivery of money by the judgment debtor to the receiver, it is error to incorporate a direction for imprisonment in case of refusal; the application for attachment should be made after the time fixed for the execution of the order, and on rule to show cause.</p> <p>6. The order to pay over should direct a payment of so much only as is necessary to satisfy the debts proven, and the costs of the proceeding-.</p>