Fleming v. Rushton

Decided April 15, 1804

Supreme Court of South Carolina · decided 1804-04-15

Motion to set aside an order of court. The plaintiff brought a writ of foreign attachment against the property of the defendant, in Abbe-ville district, which was levied on certain goods, &c. of the defendant. These goods were delivered to H. &• C. upon their entering into a recognizance of special bail for the defendant.

Decided 1804-04-15

By the Court.

¶1This recognizance of special bail was authorized. In a case on attachment, the defendant himself, or any person, as bis attorney, may, within a year and a day, appear and put in bail to the action, in which case, the attachment shall be dissolved, and the things attached given up to the defendant, or person giving se,. curity, who shall be liable to the plaintiff for whatever he shall recover, with costs. A. A. 1744. P. L. 188. But the bail were intitled to surrender.

¶2Motion overruled.

Present, Gkimke, Waties, Johnson, Trezevant, and Brevard, Justices ; Bay, J. absent.