Goore v. M'Daniel

Supreme Court of South Carolina

Goore v. M'Daniel

12 S.C.L. 480

DecidedNovember 15, 1821

StatusPublished

This text of 12 S.C.L. 480 (Goore v. M'Daniel) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goore v. M'Daniel, 12 S.C.L. 480 (S.C. 1821).

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Opinion

Mr. Justice Huger

delivered the- opinion of the court.

An attachment creates a lien, which nothing subsequent can destroy, but the dissolution of the attachment, on the conditions mentioned in the act. Could a junior execution supercede it, the object of the act might be defeated whenever the defendant should tbinlc proper to confess a judgment preceding the proceedings in attachment ; a re. [481]*481mcdy so uncertain would have been deceptive, and is Slot within the letter and spirit of the act.

Clendinen, for the motion. Williams, contra.

The motion is dismissed.

Justices Johnson, Colcock and Nott, concurred.

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Mr. Justice Huger

delivered the- opinion of the court.

An attachment creates a lien, which nothing subsequent can destroy, but the dissolution of the attachment, on the conditions mentioned in the act. Could a junior execution supercede it, the object of the act might be defeated whenever the defendant should tbinlc proper to confess a judgment preceding the proceedings in attachment ; a re. [481]*481mcdy so uncertain would have been deceptive, and is Slot within the letter and spirit of the act.

Clendinen, for the motion. Williams, contra.

The motion is dismissed.

Justices Johnson, Colcock and Nott, concurred.

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Bluebook (online)

12 S.C.L. 480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goore-v-mdaniel-sc-1821.