Clyburn v. Ingram

Decided December 15, 1861

Court of Appeals of South Carolina · decided 1861-12-15

BEFORE GLOVER, J., AT LANCASTER, SPRING TERM, 1860. The report of his Honor, the presiding Judge, is as follows : “As the assignee of the Sheriff' the plaintiff sued within the summary process jurisdiction on a bond purporting to be a bail-bond.

Decided 1861-12-15

¶1The opinion of the Court was delivered by

Johnstone, J.

¶2The terms of the bond are certainly not very happy, but they are not so entirely unmeaning as to avoid the instrument, and reduce it to a nullity. I am of opinion that they are sufficient to constitute a bail-bond. As the uncertainty of the instrument seems to have been the only ground of the nonsuit, and no other defect is pointed out, I am of opinion that it should be set aside; and it is so ordered.

¶3Motion granted.

O’Neall, 0. J., concurred.

¶4Motion granted.