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31 S.C.L. 99

State v. Bird

Court of Appeals of South Carolina

Decided December 15, 1845

Court of Appeals of South Carolina · decided 1845-12-15

This was an action of debt, against the sureties on the official bond of B. M. Pearson, late commissioner in equity, tried before Butler, J. at Union. The jury, under the instructions of the presiding Judge, found a special verdict as follows, to wit. “We find the writing obligatory within declared upon, to be the deed of the defendants, and upon the condition of the bond being submitted to us, as upon a writ of en-quiry, we find for the plaintiff $226,40.

Decided 1845-12-15

Curia, per Butler, J.

¶1Under the authority of the case of Lowndes vs. Pinckney, 1 Rich. Eq. 155, we think the postea should be awarded to the plaintiff, not only for the sum of two hundred and twenty six dollars and forty cents, as directed by the circuit Judge, but also for the sum of two hundred and eighty threee dollars and eighty five cents, together with interest on both of these sums from the time of demand, to wit, the 4th of March, 1842. According to this opinion the motion to modify the judgment below is granted.

Richardson, O’Neall, Evans, Wardlaw and Frost, JJ. concurred.
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