Bank of the State of South Carolina v. Bowie
Court of Appeals of South Carolina
Before Earle, J., at Barnwell, Spring Term, 1839. John Bowie had been the agent of the Bank, at Aitkin, and had entered into bond, with several securities, for the faithful performance of his agency.
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Before Earle, J., at Barnwell, Spring Term, 1839. John Bowie had been the agent of the Bank, at Aitkin, and had entered into bond, with several securities, for the faithful performance of his agency. Separate actions were brought against them, and a verdict was rendered for the plaintiff in these words : “We find for the plaintiff the sum of eleven thousand seven hundred and twenty-one dollars and eleven cents, with interest from the 10th February, 1836.” On the return of a rule to show cause, it was moved by Mr. Bellinger, for the defendant, to set aside the judgment, which was signed for…
1Opinion of the Court
Curia, per
Earle, J.
When this motion was made in the Circuit Court, I thought there was something in it more entitled to consideration than I now find. I learn, on conferring with my brethren, and also from the bar, that this form of verdict is in very general use, and that it has not heretofore been questioned. So many rights have become vested under this form, that it would bo extremely prejudicial to shake it, even if there were greater difficulty on the ground of principle than I think there is.
A verdict must find the fact in issue; and if for the plaintiff, must assess his damages, if…
2Cases cited1 opinion
- Hunter v. MartinSupreme Court of Virginia · 1815