Union Bank v. Northrop

Citations

• 19 S.C. 473
• 1883 S.C. LEXIS 100

Syllabus

<p>1. The judgment debtor has the right in supplementary proceedings, under subdivision 1 of section 312 of the code, to have his examination conducted in his own county, but this right he may waive, and does waive, by submitting, without protest, a written statement which is accepted by the plaintiff as a sufficient compliance with the order.</p> <p>2. Prior to the amendment of 1880, the constitution did not exempt money from seizure for the payment of debts.</p> <p>3. An order for examination of a judgment debtor was passed in supplementary proceedings eighteen months after the termination of a litigation in which such debtor was attorney, and while the amount of his fee was under reference. During the next month the amount of the fee was fixed by the court, and five months afterwards the order in the supplementary proceedings required such fee to be paid over to the judgment creditor. Held, that this fee was not an earning of the debtor within sixty days next preceding the order, and, therefore, exempt under section 317 of the code.</p> <p>4. This fee was due by a corporation which was in the hands of a receiver, who, upon obtaining his discharge, turned it over to the master of the court. Held, that this money might be reached under supplementary proceedings and ordered to be paid to the judgment creditor.</p>