45 S.C. 11 | S.C. | 1895
Opinion of the court was delivered by
On the 12th of September, 1895 (mistake for 1894), the plaintiff took judgment by default against the defendant for the sum of $858.76, and obtained leave from his Honor, Judge Townsend, to enter up judgment immediately, on the ground, as set forth in an affidavit, that defendant had threatened to make an assignment if any judgment was taken against him. Judgment was shortly afterwards signed and sealed by the clerk of court, who also, at the request of plaintiff’s attorneys, issued execution upon said judgment. The sheriff, upon the same day, levied upon certain personal property of the defendant. Thereafter, and on the same day, the defendant made an assignment for the benefit of its creditors. On account of the pressure of his duties in the court room, which required his constant presence, the clerk of. the court did not enter the judgment in the book called “Abstract of Judgments” until the following day — 13th September.
It is the judgment of this Court, that the order of the Circuit Court be affirmed.