...transactions violated Section 27-23-10, Code of Laws of South Carolina, 1976. The complaint contains no allegations that the bank obtained an execution and return nulla bona prior...to the institution of this action, nor was any proof made at trial of an execution and nulla bona return. The appellants claim...that SCNB may not maintain this action under Section 27-23-10, Code of Laws of South Carolina, 1976 because the bank neither alleged nor proved that an execution was issued and a return nulla bona obtained...

...fi. fa. to be levied de bonis propriis until a return of nulla bona. And as to the cases in this State, Haywood's Reports, 218, 298, go no further than to warrant a special fi.... fa. after nulla bona returned to a general one. Cases may happen where even that mode will be found subject to inconvenience, for suppose, after judgment the personal chattel which the executor relied on for satisfying the plaintiff's demand should perish before (113) the execution satisfied; the sheriff would return nulla...mere return of nulla bona, that it should be levied de bonis propriis. However, what I wish to establish at present, is that a special fi. fa. shall not issue until there be a return of...

...defendants. 1. A sheriff has no right to return nulla bona on an execution without making an effort to find property...return nulla bona without making any effort to find property at the residence of the defendant in the execution or making any demand of payment or inquiry for property. The general report that...justify such a return, if the debtor in fact has property subject to be levied on. DANIEL, J. It...

...therein to show a return nulla bona on the writ of execution issued on the judgment recovered in the law court. In response to the contention of the appellants that the motion...error to allow satisfaction out of this property in the absence of a return, nulla bona, on the judgment obtained in the court of law. Ordinarily a creditor can resort to...estate is an equitable one, incapable of being reached by any legal process, the creditor may have immediate access to the relief afforded in courts of chancery without the necessity of a nulla bona return upon...

...Original Answer to Wells Fargo, As Trustee Suit To Evict and Plea To the Jurisdiction, filed on or about November 21, 20184. Writ of Possession Return Nulla Bona, filed on or about May 8, 20195...

...difficulty in ignoring; the issue not being open to dispute. Generally, the plaintiff in such a suit must also show that there was a return nulla bona upon the judgment before..., 59 N.E. 697. It appears to us unnecessary to go to the extreme of the New York decisions, and say that execution and a return nulla bona are conditions, when it...

.... 209. In that case the execution was returned "no part satisfied." The opinion states that the purpose of the requirement for a return nulla bona as a condition precedent to the right to...argued that the chancellor had no jurisdiction to entertain the creditor's bill in this proceeding because the execution had not been returned nulla bona prior to the filing of the bill. The...execution at law, he must exhaust his remedy at law by obtaining judgment and getting an execution returned nulla bona before he can come...

...jurisdictional fact is disputed by the judgment debtor, or fraud or collusion between the sheriff and the creditor is shown. An attack upon the truth of the sheriff's return of nulla bona does not affect the right to the examination. The jurisdictional fact is the return itself...judgment. He acts according to his information and makes his return accordingly. Even where the judgment debtor took the proper course and moved to set aside the return of nulla bona as false..., and it appeared that the sheriff, after a levy, had become satisfied that it would not bring sufficient over previous liens, and after consultation with plaintiff's attorney returned nulla bona and the affidavits on the motion were contradictory as to the value of the property, the motion was denied. Evans v. Parker, 20 Wend. 622. A sheriff, after levy, being satisfied that an attempt to sell would be fruitless by reason of previous liens, may return nulla...

...sold for, and if there had been a sale, plaintiff would have been entitled to receive nothing, and so was not damnified, and the defendant might have returned " nulla bona"; and the judge quashed the scire facias, from which judgment the plaintiff appealed. Boyden for plaintiff. J. T. Morehead for defendant. 1. A return by...entitled to a priority over Buckley's; for which reason the sheriff might properly have returned nulla bona. The court, therefore, quashed the scire facias, and Buckley appealed. The decision was, in our opinion, erroneous, and must be reversed. His Honor, we think, mistook the question in the case. It was not what return the...false, and, if false, leave it to the party injured to seek his redress by an action. But the sheriff did not return nulla bona. On the contrary, he returned goods subject to older executions...

...relief: 70 S.C. 580; 50 S.E., 499. Where action to set aside deed is based on fraud, nulla bona return not necessary: 157 S.C. 101, 153 S.E., 640...conveyance by McKnight to his wife as would entitle her to maintain such an action as she has brought before she shall have recovered a judgment upon her claim and a return nulla bona upon the...utterly void, frustrate, and of none effect." As to the further objection that judgment must have been obtained and nulla bona return made, the case of Temple v...

... [ 27 P.2d 757].) Thereafter another execution was issued, and the return nulla bona was duly made thereon, on April 4, 1934. This present action was commenced by... of this action it was stipulated that execution on the $4,500 judgment was returned unsatisfied. The return of an execution nulla bona establishes a prima facie case of...whereby defendant Sidwell had improved the property in return for his mother's promise to deed it to him. But the trial court was privileged to discredit this testimony. At most it created a conflict of...

...: It is the legislative intent of the General Assembly that such finding of indigency, or the issuance and return nulla bona of such execution, or the issuance of such...at any evidentiary hearing that the defendant is indigent and remains indigent at the time of conviction or where the execution issued upon the judgment against the defendant has been returned nulla...bona . . . (emphasis added). The State argues that since it may be held liable for court costs only when a defendant has been found to be...

...as a creditor's bill; and that it is sufficient to charge defendants as trustees ex maleficio. Conceding the general rule in creditors' bills, as to judgment, execution, and return nulla bona, they...

...county or elsewhere, and a return nulla bona, prior to the beginning of this suit to set aside this alleged fraudulent conveyance. We will first discuss the legal propositions in the order here...equity has no jurisdiction of the creditors' bill (3 Pom. Eq. Jur. art. 1415), and the fact that an execution has been returned nulla bona is conclusive that the legal remedy has been exhausted" — which, in effect, simply holds that the return nulla...to show not only a judgment obtains, but an execution sued out with a return of nulla bona, or that the writ is unsatisfied in whole or in part"; and then states: "But, even where such return is...

.... Plaintiff introduced the judgment-roll in the original action against defendant, consisting of the complaint, answer, findings, and judgment; also the execution issued on the judgment and return nulla bona. Plaintiff's...court, as the cause of action. An execution had been taken out, but was returned nulla bona. The summons in the present action was issued on the day the complaint was filed, and was served two...

....          The complaint fully sets out the judgment, issue of execution, and return nulla bona, and...counsel, in answer to this objection, state that " the complaint fully sets out the judgment, issue of execution, and return nulla bona ." This statement is a mistake, so far as it respects the issue...judgment, and was returned nulla bona, both as to the horse and his value. The plaintiff must show by his complaint that he has exhausted his remedial process against the stage company, on the...

...discovery were void as no execution had been returned nulla bona as to her. The circuit judge denied the motion to set aside the judgments and quash the proceedings, appointed a receiver and granted leave "to amend the sheriff's return as...return of nulla bona, indorsed on an execution properly made out in point of time but not placed in the hands of the officer for execution until 19 days before the return day, and the suit...operated to destroy their validity, and their return, nulla bona, afforded no basis for instituting proceedings in the nature of a judgment creditor's bill, and this was especially true as to Mrs...

..., 19 South. Rep. 625, states the law to be that is is necessary to show that an execution has issued on the judgment and a return nulla bona made before a creditor's bill may be filed...legal remedies and have a return of nulla bona upon execution, before filing such bill in equity; but it is otherwise where the judgment debtor had legal title and fraudulently conveyed the same...had been obtained in Brevard County, and was of record several months before the creditors' bill was filed. The bill fails to show that an execution was issued on said judgment and returned nulla...

...examination, was general as to such proceeding and waived defects in creditor's affidavit as to issuance of execution and its return nulla bona, or any defect in return, but should be limited to...affidavit showing the issuance of the execution and its return nulla bona or any defect in such return. But such appearance should be limited to the feature of the action involved in the supplemental...

...in the original bill that there has been an execution on this judgment and a return " nulla bona." Indeed, it is apparent from the...in reason, the rule is the more applicable under the peculiar facts of the instant case. The allegation that legal remedies have been exhausted and that there has been a return " nulla bona" is...S.W. 218, this Court expressly held that a " nulla bona" return was not prerequisite to the fixation of a lien, so long as the insolvency of the judgment debtor was otherwise proved...