¶1now here, after hearing Egan on the motion, ordered that the return of the sheriff be quashed, as a false and illegal return : the act giving no authority to attach lands by virtue of any attachment under it, but only to pursue and seize such effects as the debtor may have in transitu; such effects as are in their nature capable of being removed, or moveable property on the point of, or in danger of immediate assignment.
3 S.C.L. 396
Jamieson v. Brodrick
Supreme Court of South Carolina
Decided April 15, 1804
Supreme Court of South Carolina · decided 1804-04-15
Motion to reverse an order, made by Trezevant, J., at Rich-land, quashing an attachment issued under the act of 1785, P. L. 367 ; which authorises a justice of peace to issue an attachment against the estate of a debtor, where the creditor shall make oath how much is justly due to him, and that he has just grounds to suspect, and verdy believes, that such debtor intends to remove his effects.
Decided 1804-04-15