Lipscomb v. Rice

Citations

• 47 S.C. 14
• 24 S.E. 925
• 1896 S.C. LEXIS 86

Syllabus

<p>1. Attachment — Evidence.—A warrant of attachment may be dissolved when there is not sufficient evidence in all the affidavits produced to sustain the facts upon which it was issued.</p> <p>'2. Ibid. — Motion—Rude 57, Circuit Court. — A notice of motion to vacate a warrant of attachment, because improvidently issued, need not specify the grounds upon which the motion will be made. But such grounds must be set forth when the motion is to vacate for irregularity. Rule 57, Circuit Court, construed.</p> <p>'3. Ibid. — Ibid.—Burden of Proof. — In a motion to vacate an attachment, because improvidently issued, the burden of proof is upon the plaintiff to show, by the preponderance of evidence, the existence of the facts necessary to sustain the attachment.</p>