Hamilton v. Hamilton

Decided May 15, 1858

Court of Appeals of South Carolina · decided 1858-05-15

AT MARION, SPRING TERM, 1858. This was an action of debt on a prison bounds’ bond against the defendant as surety of Tristram Hamilton. Tristram Hamilton bad been discharged under the prison bonds Act. The notice was dated 29th September, 1856, and Ms discharge was on the 8th October, 1856, and the only question was whether sufficient notice bad been given. The verdict was for the plaintiff.

Decided 1858-05-15

Curia, per O’Neall, J.

¶1In this case, we think tbe discharge of the prisoner, under the prison bounds’ Act concludes the question now attempted to be made. The case of Hibler vs. Hammond, 2 Strob. 105, which ruled, that the discharge of a prisoner under the insolvent debtors’ Act is a bar to the action, on the prison bounds’ bond, is decisive of this. • • '

¶2For the discharge of the Commissioner of Special Bail within his jurisdiction is as much res judicata as a discharge by the Court under the insolvent debtors’ Act. Neither can be questioned while unreversed.

¶3This decision concludes the plaintiff’s rights, and it will be useless to further litigate the matter.

¶4It is therefore ordered that the verdict be set aside and a non-suit granted.

Wardlaw, WhitNer, Glover AND MuNro, JJ., concurred.

¶5Motion granted.