¶1delivered the opinion of the Court. The breach is the non-payment of the money, which is assigned in the declaration. •
¶2The motion is dismissed. '
12 S.C.L. 138
Kelly v. Payne
Supreme Court of South Carolina
Decided May 15, 1821
Supreme Court of South Carolina · decided 1821-05-15
*TííIS was an aGtion of debt, against the sheriff, on the act, to recover SO per cent on a sum of money collected by him and not paid over,. A verdict was had for the plaintiff. A motion was submitted to arrest the judgment, on the ground that no breach was assigned in the declaration.
Decided 1821-05-15