Bancroft, Leman & Co. v. Sinclair

Court of Appeals of South Carolina

Bancroft, Leman & Co. v. Sinclair

46 S.C.L. 617

DecidedApril 15, 1860

StatusPublished

This text of 46 S.C.L. 617 (Bancroft, Leman & Co. v. Sinclair) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bancroft, Leman & Co. v. Sinclair, 46 S.C.L. 617 (S.C. Ct. App. 1860).

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Opinion

Curia, per O’Neall, O. J.

The right of the party arises from the levy of the attachment. The return is merely evidence of that fact. If the Sheriff omits to make that return, he can be made to do it on a rule at the instance of the party aggrieved, or the Court in its discretionary power of amendment may, when necessary, order it to be done nunc pro tunc.

This Court concurs in the ruling of the Judge below; and the motion is dismissed.

Johnstone and Wardlaw, JJ., concurred.

Motion dismissed.

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Curia, per O’Neall, O. J.

The right of the party arises from the levy of the attachment. The return is merely evidence of that fact. If the Sheriff omits to make that return, he can be made to do it on a rule at the instance of the party aggrieved, or the Court in its discretionary power of amendment may, when necessary, order it to be done nunc pro tunc.

This Court concurs in the ruling of the Judge below; and the motion is dismissed.

Johnstone and Wardlaw, JJ., concurred.

Motion dismissed.

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Bluebook (online)

46 S.C.L. 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bancroft-leman-co-v-sinclair-scctapp-1860.