Kan Ia v. Atlas Wire & Cable Co. Inc, 16182.

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtOXNER
Citation51 S.E.2d. 762
Decision Date09 February 1949
Docket NumberNo. 16182.,16182.
PartiesKAN IA. v. ATLAS WIRE & CABLE CO., Inc., et al.

51 S.E.2d. 762

KAN IA.
v.
ATLAS WIRE & CABLE CO., Inc., et al.

No. 16182.

Supreme Court of South Carolina.

Feb. 9, 1949.


Appeal from Common Pleas Circuit Court of Florence County; L. D. Lide, Judge.

Action by Frank W. Kania against the Atlas Wire & Cable Company, Inc., and Robert Schofield, Jr., for breach of contract, wherein a warrant of attachment was issued against certain property of the corporate defendant. From a judgment vacating the attachment, plaintiff appeals.

Affirmed.

John M. Scott, of Florence, for appellant.

Willcox, Hardee, Houck & Palmer, of Florence, for respondents.

OXNER, Justice.

This action was brought by Frank W. Kania against Robert Schofield, Jr. and Atlas Wire & Cable Company, Inc., a South Carolina corporation, to recover damages for the alleged fraudulent breach of a contract of employment. A summons and an unverified complaint were served on the defendants on or about March 2, 1948. On March 31, 1948, the Clerk of Court, upon application of plaintiff, issued a warrant of attachment against certain property of the corporate defendant. On April 7, 1948, the Court, upon motion of defendants, dissolved this attachment upon the ground that it was irregularly issued in that the supporting affidavit was insufficient. Two days later the Clerk of Court, on another affidavit of plaintiff, issued a second warrant of attachment against the property of the corporate defendant. On April 26, 1948, on motion of the defendants, the second attachment was also vacated upon the ground that the affidavit upon which it was based was insufficient.

[51 S.E.2d. 763]

There was no appeal from the first order. This appeal is by the plaintiff from the order of April 26, 1948.

In the affidavit upon which the second attachment was issued, the plaintiff, after stating that the defendants were indebted to him in the sum of $20,000 on account of the fraudulent breach of a certain contract of employment, alleges:

"That the defendant, The Atlas Wire & Cable Company, Inc., by and through its officer or officers, has offered the plant and facilities of the defendant, the Atlas Wire & Cable Company, Inc., for sale and has made and is endeavoring to assign, sell or dispose of, its assets and thereby liquidate the defendant the Atlas Wire & Cable Company, Inc., and thereby to defraud the plaintiff of realizing anything from his suit which is now before the court and awaiting trial.

"That if all of the assets of the defendant, Atlas Wire & Cable Company, Inc., are disposed of as it is now endeavoring...

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  • Kania v. Atlas Wire & Cable Co., 16182.
    • United States
    • United States State Supreme Court of South Carolina
    • February 9, 1949
    ...51 S.E.2d 762 214 S.C. 232 KANIA v. ATLAS WIRE & CABLE CO., Inc., et al. No. 16182.Supreme Court of South CarolinaFebruary 9, John M. Scott, of Florence, for appellant. [214 S.C. 233] Willcox, Hardee, Houck & Palmer, of Florence, for respondents. OXNER, Justice. This action was brought by F......

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