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H.S. CHISHOLM, INC. v. KLINGER ET AL.

17119

229 S.C. 8 (1956)

91 S.E.2d 538

In re H.S. CHISHOLM, Incorporated, Plaintiff-Respondent, v. KEITH KLINGER, Defendant-Appellant. In re R.P. ELLINGSON, M.T.N. ELLINGSON, ROBERT P. ELLINGSON, JR., DONALD ELLINGSON, S.H. ELLINGSON and D.G. BALDERSON, individually and as co-partners doing business under the name and style of Ellingson Lumber Co., Plaintiffs-Respondents, v. KEITH KLINGER, individually and doing business under the name and style of Keith Klinger Lumber Company and Dorothy Klinger, Defendants-Appellants. Ex parte H.S. CHISHOLM, Incorporated, and R.P. ELLINGSON, M.T.N. ELLINGSON, ROBERT P. ELLINGSON, JR., DONALD ELLINGSON, S.H. ELLINGSON and D.G. BALDERSON, individually and as co-partners doing business under the name and style of Ellingson Lumber Co., Plaintiff-Respondents, v. KEITH KLINGER, individually and doing business under the name and style of Keith Klinger Lumber Company and Dorothy Klinger, Defendants-Appellants.

Supreme Court of South Carolina.

February 16, 1956.

Attorney(s) appearing for the Case

Messrs. F. Ehrlich Thomson and Samuel R. Preston, of Columbia, for Appellants.

Messrs. F. Ellison Walker, Clarke W. McCants, Jr. and Winter & Winter, of Columbia, for Respondents.

February 16, 1956.

STUKES, Justice.

This action was commenced by service of a rule to show cause, instead of a summons, and petition which should have been denominated a complaint. The material allegations of the petition are that H.S. Chisholm, Incorporated, obtained a money judgment in the Richland County Court on May 13, 1952, against Keith Klinger, execution upon which was returned by the sheriff nulla bona...

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