Williams v. Carlson, (No. 10784.)

• Court: United States State Supreme Court of South Carolina
• Writing for the Court: WATTS
• Citation: 110 S.E. 69
• Parties: WILLIAMS . v. CARLSON.
• Decision Date: 19 December 1921
• Docket Number: (No. 10784.)

110 S.E. 69

WILLIAMS .
v.
CARLSON.

(No. 10784.)

Supreme Court of South Carolina.

Dec. 19, 1921.

Appeal from Richland County Court; M. S. Whaley, Judge.

Action by L. M. Williams against Victor Carlson. From an order dissolving an attachment, plaintiff appeals. Affirmed.

The action was brought for damages to plaintiff's automobile in a collision with defendant's ear. The affidavit on which defendant's automobile was attached was as follows:

"Personally comes Mrs. L. M. Williams, who being duly sworn says that her automobile was injured on the Garner's Ferry road about four miles east of Columbia by a car negligently and carelessly running into hers, while hers was observing the laws and customs of the road and highway. The car that did the damage, a Willys-Knight, six-cylinder, seven-passenger touring car. Her information is obtained from her son, Louis Williams, the department of highways, and through the defendant."

[110 S.E. 70]

James H. Hammond, of Columbia, for appellant.

Tompkins, Barnett & McDonald, of Columbia, for respondent.

WATTS, J. This is an appeal from an order of County Judge Whaley, dissolving an attachment of an automobile. The exceptions, five in number, are all overruled, because the affidavit is fatally defective, under section 281, vol. 2, Code of Laws 1912, which requires that an affidavit shall be presented specifying the amount of the claim and the grounds thereof." It must also appear by affidavit that a cause of action exists against defendant. His honor committed no error in dissolving the attachment.

Judgment affirmed.

GARY, C. J., and ERASER and CO-THRAN, JJ., concur.