Myers v. Whiteheart

Citations

• 24 S.C. 196
• 1886 S.C. LEXIS 23

Syllabus

<p>1. To entitle a party to an attachment upon the ground that defendant had done certain acts with a fraudulent intent, the affidavit must disclose the sources of information, or the facts upon which such a belief is founded.</p> <p>2. The grounds of attachment in this case being (1) a sale of goods, at loss than cost, by the defendant, a failing merchant, then negotiating for a cash compromise with his creditors; (2) his offer to them to compromise and thereby enable him to avoid an assignment (which was afterwards made); (3) his direction to his clerk to take down all empties and put up full barrels; and (4) a disposition of part of his property to certain preferred creditors (which last was satisfactorily explained) — the attachment wras properly discharged.</p> <p>3. Acts, made by statute a ground of attachment, done by an agent without the knowledge of his principal, will not support the statutory remedy of attachment against the property of the principal.</p> <p>4. Upon the question whether an attachment was properly issued, in the first instance, now facts or new grounds to sustain it cannot be brought before the judge by affidavits in behalf of plaintiffs.</p>