The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1910-03-09
DARLINGTON LAND
ATTACHMENT CASE
The Supreme Court Decides
Point for Plaintiff.
JUDGMENT BY DEFAULT
The Case VIII Now be Tried in the
Ricbland County Court Upon
Its Merits.

L. harrington In l-aurenS county by
the stockholders and president of the
Carolina Agency company for the sum
OF $4,000 was upheld by decision of
the supreme court yesterday, at which
the court affirms the action of Judge
Hydrick in refusing to set aside the
attachment Of the agency company
The case was heard in Richland county
and Darlington appealed to the SUI
preme court from the ruling Of Judge
Hydrick The opinion is by Associate
Justice Woods. After the attachment
the agency company got judgment
by default for the amount claimed
The Carolina Agency company was
represented in the case by Logan and
Edmunds Of this city, and John Y. Gar
lington by Dial e Todd of Laurens
and Jno. j. Earle of Columbia.
The Carolina Agency company he
came the general agent of the State
Mutual Life Insurance company of
Rome, Ga, and solicited and sold poll
cies for that company in this state.
John Y. Darlington is at present un-
der bond of $4,000, pending an ap-
peal to the supreme court he having
been convicted and sentenced to three
years in connection with the Seminole
tangle. j. Stobo Young, the secretary
of the Seminole company, was also
convicted and sentenced to one year
in the penitentary. The case has never
been tried on it's merits and it will now
come up again in the Richland county
court.
In the complaint of the Carolina
Agency company it is alleged that
John Y. Darlington 3 indebted to the
company in the su.. OF $25, 900 on ac-
count of money received and collected
by him as treasurer and general man
ager. The agency company asked for
a judgment against Darlington for the
amount named. Together with the
complaint there is an affidavit by w.
A. Clark Of this city, in which he
states that the complaint is true to
his own knowledge. The case filed
contains the following:
"The separate affidavit of Mr.. Clark
re-avers the allegations of the COM
plant, and further states that the de-
fendant had been informed by de-
ponent that he must pay the amount
due the plaintff or suit would be in
stituted to recover the same; that
thereafter the defendant departed from
state, and, although informed of
the claim of the plaintiff and claims Of
others, has kept himself without the
state, so that he can not be served
with the summons and complaint, and
to avoid the service thereof, and that
the defendant has property within the
state, and that the matters and things
stated in the complaint in this action
and in his aflidavit as aforesaid, are
derived from the personal knowledge
of deponent, and from statements cur
rent in this city representing that the
said defendant is keeping himself
without the limits of the state to avoid
the service of a summons and other
process that may be issued by this
and other creditors.
con this showing, upon application
being made, the clerk of the court OF
common pleas for Richland county,
issued a warrant of attachment direct
ed to the sheriff of Laurens county,
and required Of the plaintin a bond in
the sum of $3.50, and on the day fol-
lowing the sheriff of Laurens county
attempted to make levy pursuant to
said warrant of attachment on the real
estate alleged to belong to defendanat,
described in the brief of fols. 23 to 30.
After the suual order of publication of
summons was being made, the de-
fcndant through his attorneys gave
notice of motion appearing special
ly for the purposes of the motion and
none other), to vacate and dischage
the warrant Of attachment, and all
proceedings had hereunder on the
grounds that the same was irregular
ly, illegally and improvidently issued,
and without warrant of law, and speci-
fying particularly the reasons thereof,
TO be found at fols. 81 to so. This mo-
tion was made upon the entire record
i'm the cause and afIldavits attached
to wit: Affidavit Of j. Y. Darlington,
with exhibits attached afiidavits of A.
C. Todd, affidavit of John f. Bolt and