Fleming v. Howard
Supreme Court of South Carolina
Motion for new trial. Sci. fa. brought in Abbeville district; against the defendants, as special bail for J. S. Rushton.
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Motion for new trial. Sci. fa. brought in Abbeville district; against the defendants, as special bail for J. S. Rushton. The defend dants pleaded a surrender of their principal, and concluded their plea with a verification ; whereupon, the plaintiff demurred, and shewed for causé bf demurrer, that such conclusion was ill, and that the same should have been grout gatet per recordum: Defendants joined in demurrer, and this issue was determined by Bay, J. in favoi’ of the plaintiff. The motion in this court,' was argued by Gantt, and Branding, for the defendants; and by Thompson, and Falconer,…
1Opinion of the Court
The Court,
(Grimke, Waties, Brevard, and Wilds, Justices.)
were of opinion, in regard to the point respecting the amendment, that after judgment on demurrer, it was too late to move (o amend, ¡Sed quaere de hoc..
Upon the other point, the opinion of the court was, that judgment upon the demurrer, in the district court, ought .to have been for the defendants, because cases may happen, wherein it may be proper to conclude a plea of surrender, with a verification, as where a surren. der has been actually made, and which the bail ought to have the benefit of, but which may, nevertheless, not be…
2Cases cited1 opinion
- Brown v. Van DeuzerNew York Supreme Court · 1813