Mitchell v. Humphries

Decided November 15, 1824

Supreme Court of South Carolina · decided 1824-11-15

The plaintiff had sued on a penal bond, conditioned for the delivery of negroes to him as sheriff of Union district. The defendants had only pleaded non est factum, and issue was found against them: this was at spring court, 1824. Plaint tiff entered up his judgment 12th April, 1824, for penalty of bond? execution lodged with the sheriff 13th April, 1824, apd levied on the defendant’s land the 12th of May, 1824.

Decided 1824-11-15

¶1The opinion of the court was delivered by

Mr. Justich Colcoclc.

¶2This case is decided by the case of Durkey, vs. Hammond, 2 Con. Rep. 151: after execution, the defendant must seek his remedy in equity. If he would not avail himself of the provisions of the act made to relieve him from the .expense and trouble of an equity suit, he can now have no claim for 'the assistance of this court. He should have obtained the order of court, to compel the plaintiff to submit the condition of the bond, at all events, before the court adjourned at which the verdict was obtained.

¶3The motion is granted. —

Huger and Gantt, Justices, concurred.