
    11243
    HAMBRIGHT & CO. v. TEAM
    (117 S. E., 717)
    Attachment — Affidavits Supporting Warrant op Attachment for Purchase Money Must be Filed at Time of Issuance. — Under Code Civ. Proc. 1912, § 298, Act Feb. 24, 1904, 24 S.t. at Large, p. • 452, relating to attachments for purchase money, the affidavits upon which the attachments issue must be filed at the time of issuance of the warrant, and for failure in this respect the warrant may be set aside.
    Before Moore, J., Kershaw, August, 1920.
    Affirmed.
    Attachment proceedings by J. C. Hambright & Co., against Robert R. Team doing business as Robert R. Team Co. From an order4 setting aside attachment, plaintiff appeals. .
    The following is the order of Judge Moore appealed from:
    This motion came before me after due notice, and after consideration of affidavits and the record herewith and after argument of counsel, it appears that the affidavit upon which the attachment issued .herewith was based was not filed at the timé 'said attachment was procured — under the section of Code, providing for purchase-money attachments — it appears that the affidavit upon which any such attachment is based must be filed at the time of procuring the same. Under the facts of this case, as above found, the motion of defendant must be sustained.
    It is therefore ordered and adjudged that the attachment heretofore issued be, and the same is hereby, vacated and discharged.
    
      Messrs. Wilson & Wilson and Brwin Carothers, for appellant
    cite: Requisites as to affidavit in attachment: Code Proc. 1912, Secs. 281, 298; 58 S. C., 398.
    
      Messrs. B. D. Blakeney and Kirkland & Kirkland, for respondent,
    cite: Biling of affidavit within fortySght 
      
      hours not sufficient: Code Proc. 1912, Sec. 281, 298; 38 S. G, 398.
    May 31, 1923.
   The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from an order made by Circuit Judge Moore setting aside appellant’s attachment on certain lumber described in warrant of attachment for -irregularity. Let the order of Judge Moore be reported.

The exceptions are overruled. The failure to file affidavits upon which attachment issued invalidates the process. The special provisions of Code of Civil Procedure, § 298, relating to attachments for purchase money, Acts of 1904, p. 452, require the affidavits to be filed at the time of the issuance of the warrant. Its terms are plain and mandatory.

Judgment affirmed.  