Pelzer Manuf. Co. v. Cely

Citations

• 40 S.C. 430
• 18 S.E. 790
• 1894 S.C. LEXIS 140

Syllabus

<p>1. Appeal — Jurisdiction oe Circuit Court. — Judgment entered, execution issued, and levy made, after notice of appeal, but before return filed, cannot be vacated for want of jurisdiction in the Circuit Court, as that court does not lose its jurisdiction by appeal until the Supreme Court acquires jurisdiction by return filed.</p> <p>2. Ibid. — Stay.—Section 346 of the Code authorizes judgment on a money demand and levy of execution after notice of appeal, but forbids a sale of property under such levy without bond from the judgment creditor to protect the debtor in case there should be a reversal by the upper court.</p>