President of the Bank of the State of South Carolina v. McRa

Citations

• 29 S.C.L. 639

Syllabus

<p>1. Writ in attachment lodged 30th May, 1842. Garnishee served 13th June, 1842. Spring Term, 1843, leave granted to the garnishee to make return upon cause being shewn why it was not made the preceding term. Order obtained to file suggestions against the return till 1st August, 1843, but none were filed then or since. Order made March term, 1844, extending the time to 1st July, 1844. After 1st August 1843, the absent debtor died, and before March term, 1844. It was contended that as the garnishee had died after the time had expired within which plaintiffs had obtained' leave to file their suggestions, the case was out of court as to the garnishee. After the return of the writ, the plaintiffs filed their declaration, and after the expiration of the year and day, the usual order for judgment by default had been given. The absent debtor died after the rule to plead had expired. The application for further time to file the suggestions was made within the year and day from the last proceeding in the case, within which time any order may be made, necessary to a final decision, upon satisfactory cause shewn. Held that the case came within the provisions of the Act of 1746, P. L.'212, and the plaintiffs, to the perfection of their interlocutory judgment, had only to issue sci. /a. to the executor or administrator of the deceased debtor, to shew cause why their damages should not be assessed.</p>