74 S.E. 120 | S.C. | 1912
March 16, 1912. The opinion of the Court was delivered by
This appeal is from an order refusing to set aside the alleged service of a summons and complaint on the defendant, a foreign corporation. The service was made by publication and personal service out of the State, and the appeal depends on whether the attachment issued against the property of the defendant was illegal and void, for without attachment a foreign corporation can not be forced to submit to the jurisdiction of the Courts of the State. Emmanuel v. Ferris,
The return of the sheriff was as follows: "I hereby certify that on the eleventh day of January, A.D. 1911, at Beaufort, South Carolina, I served on W.F. Marscher, cashier of Peoples Bank, the summons and complaint in this action by delivering copies thereof to him personally and leaving the same with him. The defendant above named is not a resident of this county or State, and has no property in this county so far as I have been able to find."
At the hearing of the motion to set aside the service of the summons and complaint, the plaintiff introduced an affidavit from W.F. Marscher, cashier of the Peoples Bank, to the effect that the sheriff had served upon him not only the summons and complaint, but the affidavit and the attachment bond, and demanded of him $304.56 as the property of the defendant in his hands; that at the time of the service and demand he had in his hands money belonging to the defendant collected on a draft drawn by defendant and two other drafts which he subsequently collected, and that at the time of the hearing he held money of the defendant to the amount of $304.56, subject to the order of the Court. To this affidavit there was no response on the part of the defendant.
The return of the sheriff that the defendant had no property subject to attachment in this State was prima facie correct, but the presumption was subject to rebuttal by evidence that the return was not correct. Grenobles v. West,
It is the judgment of this Court that the judgment of the Circuit Court be affirmed.
Only MR. CHIEF JUSTICE GARY and MR. JUSTICE HYDRICK participated in this opinion and concur.