Nicholls v. Hill

Citations

• 42 S.C. 28
• 19 S.E. 1017
• 1894 S.C. LEXIS 16

Syllabus

<p>1. Defences — Error in Form. — Where a sheriff, under authority of the court in proceedings in which a note was attached as the property of the payee, sued the maker of such note, the defendant may plead counter-indebtedness of the payee as a defence to the action; and it is error to sustain a demurrer to such defence because improperly denominated a counter-claim.</p> <p>2. Suit on Attached Choses.— A sheriff may be directed to institute action on a note attached by him even while motion is pending to vacate the attachment. The maker of the note cannot complain.</p> <p>3. Directing Verdict. — Where only issues of law are involved, the trial judge may direct a verdict.</p>