43 S.C. 329 | S.C. | 1895
The opinion of the court was delivered by
The above entitled causes, with one other in which no appeal has been taken, were brought in the Court of Common Pleas for Beaufort County, and attachments against defendant’s property were issued. The attachments were all issued upon an affidavit in each case, made by L. Grollman, which will be set forth iu the report of the cases. There was also in each case the affidavit as to cause of action. Thereafter, the defendant, upon affidavits, moved to vacate the attachments upon various grounds hereinafter mentioned. The plaintiffs offered in reply quite a number of affidavits. The affidavits being objected to as not in reply, his honor, Judge Townsend, who heard the motions, said he would hear the affidavits, and pass upon the question of their admissibility when considering the motions.
The presiding judge made orders setting aside the attach
The defendant’s counsel gave notice that if the decision of the Circuit Judge could not be sustained upon any of the grounds upon which he placed it, they would insist that it should be sustained on the ground: “That there was no affidavit to show that the property that the defendant is alleged to have fraudulently disposed of, was not a part of defendant’s homestead, and that such affidavit was necessary for the issuing of an attachment. And in the case of Waterhouse & Danner, that the Circuit Judge not having passed on the point made, that the name of the firm was not signed to the undertaking, they would insist on this point in the Supreme Court.”
It is the judgment of this court, that the several orders appealed from be reversed.