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SOUTHEASTERN EQUIP. CO. v. ONE 1954 AUTOCAR DIESEL TRACTOR

17508

234 S.C. 213 (1959)

107 S.E.2d 340

SOUTHEASTERN EQUIPMENT CO., Respondent (Cross-Appellant), v. ONE 1954 AUTOCAR DIESEL TRACTOR (substituted for Baumer Foods, Inc., dismissed), Appellant (Cross-Respondent).

Supreme Court of South Carolina.

February 25, 1959.

Attorney(s) appearing for the Case

Messrs. Edens & Woodward, of Columbia, for Appellant, (Cross-Respondent).

Messrs. T.P. Taylor and J. Reese Daniel, of Columbia, for Respondent (Cross-Appellant).

Messrs. Edens & Woodward, of Columbia, for Appellant, (Cross-Respondent), in Reply.

Messrs. T.P. Taylor and J. Reese Daniel, of Columbia, for Respondent (Cross-Appellant), in Reply.

February 25, 1959.

STUKES, Chief Justice.

This action was commenced by plaintiff against Baumer Foods, Inc., by the issuance of a summons (complaint not served) on July 15, 1958, at which time an attachment was caused to issue against "One 1954 Autocar Diesel Tractor," property of the named defendant.

On July 18, 1958, Baumer Foods, Inc., appearing "specially" moved the court for a substitution of security, which was allowed, and Baumer Foods, Inc...

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