¶1. I have no doubt, from the wording of this bond, but that it is a joint and several bond; *487and that the action was well brought. I am, therefore, of opinion that the judgment should be set aside, and that the cause should be restored to the docket for trial.
6 S.C.L. 486
Mitchell v. Darracott
Supreme Court of South Carolina
Decided November 15, 1814
Supreme Court of South Carolina · decided 1814-11-15
Columbia, November Term, 1814. Case from Abbeville district. Constitutional Court of Appeals, Nov. 1814, Motion to reverse the decisions of the Circuit Court. This was an action of debt, on a bond given by the defendant and two others; to which the defend-pleatled in abatement, that the bond was a joint k°n(lj ami not joint and several; and that, therefore, all the obligors ought to have been sued.
Decided 1814-11-15