Bank of Pennsylvania v. Condy
Court of Appeals of South Carolina
-Jam-Tried before Mr. Justice Earle, at Charleston-ary Term, 1833. This was a rule against the sheriff) to shew cause why he had not collected the balance of interest on the execution in this case.
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-Jam-Tried before Mr. Justice Earle, at Charleston-ary Term, 1833. This was a rule against the sheriff) to shew cause why he had not collected the balance of interest on the execution in this case. The sheriff shewed for cause, that he. had collected the debt and interest from 10 Feb. 1829, and produced the record with copy of the note on which the judgment was obtained, from which it appeared manifest, that the jury had mistake given interest in their verdict from Feb. 1828, xx * rj JtllS -ThA ,1„ j. uc u.u when the note was not due until Feb. 1829. or discharged the rule against the…
1Opinion of the Court
Earle J.
(sitting for Harper J.) delivered the opinion of the Court.
It is too clear to admit of argument that there was error in the verdict of the jury in allowing intereston the note, for one year, before it became due. This does not appear to be controverted. It was error apparent on the face of the record. When the sheriff therefore had collected the whole sum really due upon the note declared on, although a larger sum was expressed on the execution, it does not appear to the Court, that he was to be considered in contempt, for *210delaying to enforce the execution for the balance, until the…
2Cases cited1 opinion
- Caswell v. WardMichigan Supreme Court · 1846