Blanding v. Rogers
Supreme Court of South Carolina
Motion to set aside a verdict, obtained by a writ of enquiry after a judgment on demurrer, in Sumter district, before Smith, J. The action was trespass on the case against the defendant as sheriff, for suffering a person to escape, who had been arrested by him on mense process, in debt, requiring bail.
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Motion to set aside a verdict, obtained by a writ of enquiry after a judgment on demurrer, in Sumter district, before Smith, J. The action was trespass on the case against the defendant as sheriff, for suffering a person to escape, who had been arrested by him on mense process, in debt, requiring bail. Defendant pleaded in bar that he had arrested the defendant according to the exigency of the writ, and had taken from him a bail bond, with a condition under, written as follows: “'The condition of the above obligation is such, that if the ahove bound J. B. Vaughan, do personally be and and…
1Opinion of the CourtGrimke, J.
The judgment, or demurrer in ■ the District Court was correct, on two grounds. 1. Because the bond stated in the plea was not condition, ed for the appearance of the party only, pursuant to the stat. 23, H. 6, c. 9, of force here, and therefore void ; and 2. Because if it were not void by that statute, it would not be a bar to the present action, inasmuch as the present action is brought for suffering a person to escape, who was arrested on mense process in an action of debt, and a bond was taken with a condition to appear, and answer to an action on the case. In relation to the verdict being…
2Cases cited3 opinions
- Potter v. LansingNew York Supreme Court · 1806
- Rawson v. DoleNew York Supreme Court · 1807
- Russell v. TurnerNew York Supreme Court · 1810