Goore v. M'Daniel

Decided November 15, 1821

Supreme Court of South Carolina · decided 1821-11-15

^FiilS was a rule against the sheriff of Chester district, requiring him to shew cause, why he had not satisfied a fi.fa. in this case with the ¡none}-in his hands, made from the sale of chattels belonging to the defendant. The sheriff shewed for cause, that the rrsopey in hill hands had been made from certain goods of the' defendant sold by virtue of sundry writs of attachment! ol'der than the fi.fa. . The rule was discharged by the presiding judge on the circuit.

Decided 1821-11-15

Mr. Justice Huger

¶1delivered the- opinion of the court.

¶2An 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. *481mcdy so uncertain would have been deceptive, and is Slot within the letter and spirit of the act.

Clendinen, for the motion.Williams, contra.

¶3The motion is dismissed.

Justices Johnson, Colcock and Nott, concurred.