Phillips &c. Co. v. Ray

Citations

• 43 S.C. 176
• 20 S.E. 980
• 1895 S.C. LEXIS 141

Syllabus

<p>1. Attachment — Motion to Vacate — Third Party. — A subsequent attaching creditor, who does not claim ownership of the property attached, cannot intervene in a prior attachment proceeding, and move to have the prior attachment vacated for irregularity, but may have the proceeding set aside if void.</p> <p>2. Ibid. — Ibid.—Judgment.—A judgment is not void when the court has jurisdiction of the parties and the subject-matter; and the voluntary appearance of defendants by motion to vacate an attachment gives the court jurisdiction over the defendants as parties.</p> <p>3. Foreign Contracts — Jurisdiction.—The courts of this State have jurisdiction of the subject-matter, when it is a note given and payable in another State; nor can an objection on this point be raised by an intervening third party whose cause of action against defendants arose also in another State, and there is no testimony of any agreement to perform it in this State.</p>