South Carolina § 29-5-390 Suits begun by one creditor may be prosecuted by another.

South Carolina Statutes

§ 29-5-390 — Suits begun by one creditor may be prosecuted by another.

South Carolina § 29-5-390

Title 29MORTGAGES AND OTHER LIENS

Ch. 5MECHANICS' LIENS

This text of South Carolina § 29-5-390 (Suits begun by one creditor may be prosecuted by another.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 29-5-390 (2026).

Text

If it appears in any stage of the proceedings that the suit was commenced by the petitioning creditor before his right of action accrued or after it was barred or if he becomes nonsuited or fails to establish his claims the suit may be prosecuted by any other creditor having such lien in the same manner as if it had been originally commenced by him, if the circumstances of the case are such that he might then or at any time after the commencement of the original suit have commenced a like suit on his own claim.

Free access — add to your briefcase to read the full text and ask questions with AI

If it appears in any stage of the proceedings that the suit was commenced by the petitioning creditor before his right of action accrued or after it was barred or if he becomes nonsuited or fails to establish his claims the suit may be prosecuted by any other creditor having such lien in the same manner as if it had been originally commenced by him, if the circumstances of the case are such that he might then or at any time after the commencement of the original suit have commenced a like suit on his own claim.

Legislative History

HISTORY: 1962 Code SECTION 45-289; 1952 Code SECTION 45-289; 1942 Code SECTION 8765; 1932 Code SECTION 8765; Civ. C. '22 SECTION 5677; Civ. C. '12 SECTION 4147; Civ. C. '02 SECTION 3042; G. S. 2384; R. S. 2499; 1869 (14) 223.