Sanders v. Hughes

Decided May 15, 1811

Supreme Court of South Carolina · decided 1811-05-15

The opinion of the whole court was, that although, upon an at. tachment against an absconding debtor by act of assembly, a bond is directed to be taken, with security from the plaintiff in double the sum for which the attachment issues, payable to the defendant for satisfying all costs, (if the plaintiff shall discontinue,) and damages, the defendant may recover for suing out the attachment.

Decided 1811-05-15

Smith, J.,

¶1declared the opinion of the court.

¶2The case was tried before Bay, J., in Orangeburgh district. Chappeii., for plaintiff. Egan, for defendant. Defendant had obtained an attachment from a justice of peace, on oath, that his debtor was about to remove, and gaye a bond for prosecuting the defendant in attachment. Plaintiff in this action replevied, and gave h bond to defend. Bail to the action. And, upon trial of the attachment, the decision was in favor of the defendant, Saunders, the present plaintiff. This action was to recover damages for the unjust vexation, and loss sustained, by the seizure of property, &c.

Bay, J., thought the action would not lie, since the act of assembly, 1799, required a bond to be taken by way of security, and the ■proper remedy was on the bond.Grimke, J., was not present at this decision.