42 S.C. 162 | S.C. | 1894
The opinion of the court was delivered by
In the month of October, 1893,
From this order the respective plaintiffs appeal to this court upon the following grounds: “I. That his honor erred in not refusing to hear the motion to vacate, for the reason that the notice specified no particular irregularity. II. That his honor erred in granting the motion to vacate, and in discharging said attachments, for the reason that the affidavits and complaint in each one were sufficient for the issuing of the attachments.”
We have read and considered the affidavits carefully, but being numerous, and some of them long, they can not, of course, be set out here; but we hope they may appear in the report of the case. We can do no more than state what we conceive to be the import of the most important of them. (1) The complaint in each of the cases was upon a money demand, and they were similar, except as to the amounts sued for and the names of the plaintiffs; each was sworn to by the plaintiff or his agent. All the affidavits were before the clerk, and
This case, in its general features, is somewhat like that of Roddey v. Erwin, 31 S. C., 36, before referred to, in which the court said: “From simply reading the affidavits, with attention to the dates, we can not doubt that the defendant misled the plaintiff as to the disposal of his property, and his intention to leave the State. That the clerk was authorized to issue
The judgment of this court is, that the judgment of the Circuit Court in each of the above stated eases, in setting aside the warrant of attachment, be reversed; and that each of the seven cases be remanded to the Circuit Court for such further orders as may be necessary to carry out the conclusions herein announced.
Myers v. Whiteheart, 24 S. C., 196, quoted in Roddey v. Erwin, 31 S. C., 46.