Melton v. Walker, 15884.

• Citation: 40 S.E.2d. 161
• Decision Date: 11 November 1946
• Docket Number: No. 15884.,15884.
• Court: South Carolina Supreme Court
• Parties: MELTON. v. WALKER et al.

40 S.E.2d. 161

MELTON.
v.
WALKER et al.

No. 15884.

Supreme Court of South Carolina.

Nov. 11, 1946.

[40 S.E.2d. 161]

Appeal from Common Pleas Circuit Court of Charleston County; W. H. Grim-ball, Judge.

Attachment proceeding by James H. Melton against Thomas Walker and one 1941 Ford Sedan, 1946 S.C. License No. D--7-- 21. From orders of the court of common pleas refusing a stay of proceedings pending appeal from the civil and criminal court which dissolved the attachment, and dismissing the appeal, plaintiff appeals.

Orders reversed.

M. Martin Davis, of Charleston, for appellant.

S. S. Seideman, of Charleston, for respondents.

STUKES, Justice.

This was an attachment proceeding in the Civil and Criminal Court of Charleston upon an affidavit, in part as follows:

"Second: That the Defendant, Thomas Walker and One (1) 1941 Ford Sedan, 1946 S. C. License No. D--7--21, is justly and truly indebted to him, the said James H. Melton, in the sum of One Thousand Dollars ($1,000.00), and that he, the said James H. Melton, is entitled to an attachment against the Defendant One (1) Ford Sedan, 1946 S. C. License No. D--7--21, upon the following grounds, to wit:

"That a cause of action exists in favor of this Deponent against the said Defendant Thomas Walker and One (1) 1941 Ford Sedan, 1946 S. C. License No. D--7--21, in that on the 4th day of May, 1946 at about 1:40 A.M., while this Deponent's Automobile was being driven and operated in a careful and lawful manner along S. C. State Highway No. 52, in the County of Charleston, in the State aforesaid, proceeding North on the Dual Highway near Ten Mile and just South of the Railroad tracks crossing the said Highway, the said Defendant Automobile, while being driven and operated by Defendant's agent, Servant or Employee and proceeding North along the same highway, and while being driven and operated in a careless, negligent, reckless, heedless and wanton manner, with complete and utter disregard of the traffic laws of the State of South Carolina, of the rights of travelers on said Highway No. 52, endeavored without warning to pass Deponent's car on the left causing said Defendant's car to collide into the left rear of Deponent's Car, damaging this Deponent's Automobile in the particulars hereinafter set forth, and that as a result of the care-

[40 S.E.2d. 162]

less, reckless, heedless and wanton operation of the Defendant Automobile by said Defendant's Agent, servant or employee the entire right rear of this Deponent's Automobile Was crushed, smashed and damaged; and that he has been, and will be deprived of the use of his Automobile, and that he has suffered and will continue to suffer inconvenience and expense as Deponent's Automobile is used in the City of Charleston as a Taxicab; all to his damage in the sum of One Thousand Dollars ($1000.00)."

The attachment was dissolved by the court upon the ground that the quoted affidavit did not comply with the statutes...