Wagener v. Booker

Citations

• 31 S.C. 375
• 9 S.E. 1055

Syllabus

<p>1. Is the filing ofcopies of the affidavits upon which an attachment issued, within ten days thereafter, a compliance with the law requiring the affidavits to he filed within that time?</p> <p>2. An attachment based upon an undertaking not signed by the plaintiff is issued without authority of law, and will he set aside on motion. This is a jurisdictional defect which cannot he cured hy subsequent amendment.</p> <p>3. A motion to amend requires four days’ notice.</p>