State v. Foot

Decided May 15, 1818

Supreme Court of South Carolina · decided 1818-05-15

This was a scire facias on a recognizance for J ■the appearance of Gilson Foot, one, of the defendants, which had been forfeited by his non-ab tendance. The cause shown why judgment should not be given against the defendants, was, that the recognizance was without seal. It purported to be a sealed instrument, and wras signed by the defendants, but not sealed.

Decided 1818-05-15

¶1The opinion of the Co.urt was delivered by

Mr. Justice Cheves.

¶2This case was brought before me at the last Court for Chester District, at the moment the Court was about to adjourn. The counsel for the defendants contended that a seal was essential to the validity of a recognizance, and the solicitor did not controvert this position, except under the act of Assembly of 1787. I was of opinion that, if before the act, a seal was necessary, it was not dispensed with by the act, and I am of the same opinion still: but I am also of *124opinion, no seal was necessary before the act, to give validity to this recognizance, and that, there-1 f°re5 ^Ie judgment of the District Court should be set aside.

Bay, JYott, Colcoclc, Gantt, and Johnson, J. concurred.