Supreme Court of South Carolina December 11, 1871 (Caskey v. McMullen)

The opinion of the Court was delivered by

Moses, C. J.

The motion here made must prevail. The only parties before the Court were the respondent, McMullen, and the Sheriff against whom the rule issued. When the Circuit Judge held that the fund, in the hands of the Sheriff, was not applicable to the execution of the plaintiff, at whose instance the rule was ordered, it should have been discharged.