Segler v. Coward

Citations

• 24 S.C. 119
• 1886 S.C. LEXIS 8

Syllabus

<p>1. A question of jurisdiction may be raised at any time.</p> <p>2. A Circuit Judge has jurisdiction at chambers to hear and determine a motion to vacate a warrant of seizure issued by the clerk of court to enforce an agricultural lien.</p> <p>3. An affidavit to obtain a warrant to enforce an agricultural lien is fatally defective where it contains no statement that defendant is about to dispose of his crop, or has done, or is about to do, any act which would defeat the lion; also, where it fails to state the amount due.</p> <p>4. In determining whether the clerk was justified in issuing his warrant upon the affidavit submitted to him, the judge cannot consider facts stated in an affidavit made at the hearing before the judge.</p> <p>5. The remedy given to the lienor by section 2404 of the General Statutes is not exclusive of other remedies ; where a warrant of seizure has been unlawfully issued, a motion to vacate may be made.</p> <p>6. An agricultural lien for rent, with a printed provision for advances erased, contained a covenant that the lienor should return all the cotton seed used by him, and gave to the lienee, in printed words, a lien for rent and advances — held, that the lien did not cover the cotton seed, which was to be returned in kind.</p>