Meinhard v. Youngblood

Citations

• 41 S.C. 312
• 19 S.E. 675
• 1894 S.C. LEXIS 120

Syllabus

<p>1. Oases Criticised — Res Judicata. — The jurisdiction of the court over the persons of the defendants in this case, and the right of plaintiffs, suing as simple contract creditors for themselves and other creditors, to attack the attachment proceedings as void under the assignment law, were affirmatively decided on a former appeal, reported as Meinhard Bros. v. Young-blood, in 37 S. 0., 235, 237.</p> <p>2. Injunction — Appeals.—Judgments obtained by default under attachment proceedings, pending an appeal from a decree which vacated an injunction enjoining the sheriff from paying over to the attachment creditors the proceeds of sale of the attached property, become as nullities to this property when such Circuit decree is reversed on appeal.</p> <p>3. Oases Criticised. — There was nothing in the decisions of this court in Meinhard v. Youngblood, 37 S. 0., 223, and Meinhard Bros. v. Youngblood, Ibid., 231, which prevented the plaintiffs from attacking the attachment proceedings between the defendants as illegal preferences under the assignment law.</p> <p>4. Evidence- — Attorney—Res Gestje. — Under the latitude allowed in receiving testimony as to fraud, declarations of the attorney of the attachment debtor, made at the time that the attachments were being taken out, and in reference thereto, are admissible, to show collusion between such debtor and his attaching creditors.</p> <p>5. Oases Criticised — -Attachments—Frauds.—Under the decisions in the former appeals in this case, plaintiffs were permitted to attack the attachment proceedings between the defendants, either as fraudulent under the Statute of Elizabeth, or as void under the attachment laws, or on both grounds. And this court sustained the finding of the Circuit Court-, that there was collusion in the matter between the creditors and debtor with intent to defraud other creditors, and that the attachments were, therefore, void.</p> <p>6. Attachments — -Assignments.—Where a debtor, in collusion with some