From Casetext: Smarter Legal Research

Williams v. Carlson

Supreme Court of South Carolina
Dec 19, 1921
118 S.C. 46 (S.C. 1921)

Opinion

10784

December 19, 1921.

Before WHALEY, J., Richland County Court, March 1921. Affirmed.

Action by Mrs. L.M. Williams against Victor Carlsor and one Willys-Knight automobile. From order dissolving an attachment the plaintiff appeals.

The action was brought for damages to plaintiff's automobile in a collision with defendant's car. The affidavit of which defendant's automobile was attached was as follows:

"Personally comes Mrs. L.M. Williams, who being duly sworn says that her automobile was injured on the Garner's Ferry road about four miles east of Columbia by a car negligently and carelessly running into hers, while hers was observing the laws and customs of the road and highway. The car that did the damage, a Willys-Knight, six-cylinder, seven-passenger touring car. Her information is obtained from her son, Louis Williams, the department of highways, and through the defendant."

Mr. James H. Hammond, for appellant, cites: Requisites of affidavit in attachment: Code Proc. 1912, Sec. 281. Not necessary to state amount of claim in affidavit: 85 S.C. 114. Obiter dicta in 62 S.C. 532. Attachment should not be dissolved for error in Sheriff's return: 12 Rich., 617.

Messrs. Tompkins, Barnett McDonald, for respondent, cite: Amount of injury must be alleged: 62 S.C. 530; 50 S.C. 192. Sufficient allegation of damages: 85 S.C. 114; 32 S.C. 155. Description of property not sufficiently explicit: 6 C.J., 817 and note. Answer not considered in passing on motion and improperly inserted in case for appeal: 50 S.C. 201; 24 S.C. 204.


December 19, 1921. The opinion of the Court was delivered by


This is an appeal from an order of County Judge Whaley, dissolving an attachment of an automobile. The exceptions, five in number, are all overruled, because the affidavit is fatally defective, under Section 281, Vol. 2, Code of Laws 1912, which requires that an affidavit shall be presented "specifying the amount of the claim and the grounds thereof." It must also appear by affidavit that a cause of action exists against defendant. His Honor committed no error in dissolving the attachment.

Judgment affirmed.


Summaries of

Williams v. Carlson

Supreme Court of South Carolina
Dec 19, 1921
118 S.C. 46 (S.C. 1921)
Case details for

Williams v. Carlson

Case Details

Full title:WILLIAMS v. CARLSON

Court:Supreme Court of South Carolina

Date published: Dec 19, 1921

Citations

118 S.C. 46 (S.C. 1921)
110 S.E. 69

Citing Cases

Woodworth v. Skeen

Action by Amelia B. Woodworth and another, partners trading as Becker's Bakery, against T.H. Skeen and one…

Truesdell v. Johnson

Messrs. Fred B. Townsend and Edward B. Guerry, for appellant, cite: Jurisdiction and authority of Circuit…