13 S.C.L. 442
Supreme Court of South Carolina
Decided May 15, 1823
Supreme Court of South Carolina · decided 1823-05-15
Newberiy July Term, 1822. — Motion to set aside non-suit. Tried before Mr. Justice Gantt. AT October Term, and after the cause was placed on the issue docket, an order was obtained at the instance of the defendant, that the plaintiff who resided without the limits of this state should give security for the costs of this case, on or before the next term, or be nonsuited.
Decided 1823-05-15
¶1delivered the opinion of the court:
¶2The court are of opinion that the entry on the back of the record was a sufficient compliance with the order made for security for costs, and that the nonsuit should not have been ordered. If there was surprize, it would have been a good ground for continuance. The first; ground was abandoned.
¶3The motion is granted.