4 S.C.L. 92
Supreme Court of South Carolina
Decided November 15, 1806
Supreme Court of South Carolina · decided 1806-11-15
Foreign attachment. The declaration was filed 31st March, 1806. James Laney and others were summoned as garnishees. The absent debtor had obtained judgments against the said garnishees, and execution was about to issue, when a motion was made in Abbeville District Court, before Grimke, J., to stay the execution, and stop the money recovered on the said judgments, in the hands of the garnishees, to satisfy the debt to be recovered of the absent debtor in the attachment.
Decided 1806-11-15
¶1delivered the opinion of the court. The suit is still pending, the plaintiff not having neglected to proceed for the space of a year and a day. The attachment act is silent as to the time of giving notice to plead, after filing the declaration, therefore, the plaintiff ought to be allowed to take out a rule to plead, and publish the same, within the intent of the act. The motion to stay the monies in the hands of the garnishees was reasonable, and ought to have been granted.
¶2Motion granted.