Ancrum v. Sloan
Court of Appeals of South Carolina
Before Butler, J. at Kershaw, Spring Term, 1845. This was an application by James Dunlap, the bail of the defendant, to confirm a surrender of his principal. The plaintiff obtained judgment against the defendant, at Spring term, 1844, and on the 21st of June issued a ca. sa. and lodged it in the sheriff’s office. On the 8th of July the .sheriff made an entry of non est inventus on the ca. sa.
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Before Butler, J. at Kershaw, Spring Term, 1845. This was an application by James Dunlap, the bail of the defendant, to confirm a surrender of his principal. The plaintiff obtained judgment against the defendant, at Spring term, 1844, and on the 21st of June issued a ca. sa. and lodged it in the sheriff’s office. On the 8th of July the .sheriff made an entry of non est inventus on the ca. sa. On the 4th of October, the day before the return day of Fall Term, the plaintiff commenced an action of debt on the bail bond against the bail, and filed his declaration to Spring Term, 1845. It appeared…
1Opinion of the Court
Curia, per
Butler, J.
This ease presents some interesting points, and they have received that attention which their practical importance demands.
The questions to be considered in the judgment of the court are these:
*4221st. When a ca. sa. has been issued against the principal, can non est inventus be returned on it for the purpose of fixing the liability of bail, before the return day mentioned in the execution itself?
2d. What is the return day of final process in this State?
3d. What are the rights of the bail de jure, and what favors may be extended to them ex gratia, during the pendency of…
2Cases cited1 opinion
- Davitt v. CounselSupreme Court of South Carolina · 1819