50 S.C. 380 | S.C. | 1897
The opinion of the Court was delivered by
This is an appeal from an order vacating a warrant of attachment issued against respondent at the instance of appellant under the agricultural lien law. Under this warrant the crops of respondent were seized by the sheriff. Respondent, as plaintiff, brought an action of claim and delivery against the sheriff and appellant, as defendants, and gave bond to obtain the delivery of the said crops to him; but upon the sheriff and appellant executing the required bond, the property was retained by the sheriff. Thereafter, respondent moved before Judge Watts to vacate said warrant on the ground that it was improvidently issued, in that the affidavit upon which it was based is not true, and on the further ground that it was irregularly issued, because (1) no statement of the amount due accompanied the affidavit; (2) the affidavit was not filed with the clerk of the court within ten days after the issuance of the warrant. The Circuit Judge vacated the warrant, basing his judgment solely upon the ground that the affidavit upon which the warrant was issued was not filed with the clerk of said court, as required by sec. 250 of the Code of Procedure, and Rule 69 of the Circuit Court, overruling the other grounds.
Appellant appeals on the following grounds: “1. Because his Honor, Judge Watts, erred in holding that the affidavit upon which the warrant to seize the crop was issued was not filed with the clerk of the court, as required by sec. 250 of the Code of Civil Procedure, and Rule 69 of the Circuit Court. 2. Because said affidavit was actually and legally
We consider the exceptions in their inverse order:
We find no error in the judgment of the Circuit Court. It is, therefore, affirmed.