4 S.C.L. 87
Supreme Court of South Carolina
Decided May 15, 1806
Supreme Court of South Carolina · decided 1806-05-15
Motion to set aside a judgment obtained against William Alston, as garnishee of Charles Pinckney, an absent debtor, on the ground that a copy of the writ of attachment had not been personally served on the said Alston, but was only left at his house in Charleston, at a time when he resided at another place near Georgetown; and that he had not been legally summoned or notified, and therefore, was not subject to a judgment for default.
Decided 1806-05-15
¶1declared the resolution of the whole court. The attachment was not served pursuant to the attachment act, which requires a personal service on the party garnishee. In case proPerty ke ta^en> an(l no person be present to claim the same, then a copy must be fixed up at the prison door, &c. The judgment in this case appears to have gone against the party without giving him legal notice, and ought to be set aside as unjust, as well as irregular.
¶2Motion granted.