Davitt v. Counsel
Supreme Court of South Carolina
This was a motion, on the part of S. E. Kenner, to be discharged from his liability, as bail for the defendant in this case. The plaintiff-had obtained judgment against the defendant, at March Terra, 1819, in an action, wherein S. E. Kenner was bail. An execution against the property of defendant was issued, and returned that nothing was to be found. A ca. sa. was subsequently issued, upon which the sheriff returned that the defendant was not to be found in his district.
Read the full summary
This was a motion, on the part of S. E. Kenner, to be discharged from his liability, as bail for the defendant in this case. The plaintiff-had obtained judgment against the defendant, at March Terra, 1819, in an action, wherein S. E. Kenner was bail. An execution against the property of defendant was issued, and returned that nothing was to be found. A ca. sa. was subsequently issued, upon which the sheriff returned that the defendant was not to be found in his district. Whereupon the plaintiff procured the bail bond to be regularly assigned to himself, and commenced his action of debt upon…
1Opinion of the Court
*The opinion of the Court was delivered by [*137
Rjchaedson, J.
There is no doubt that upon the return of non est inventus, upon the ca. sa. against the defendant, the bail becomes liable. But it is the settled privilege of bail to surrender his principal on or before the return of the writ, which notifies him that he is to be holden responsible. 1 Wils. 270. Larden v. Bassage, 2 H. Black. 594. It is immaterial whether the bail be sued by sci. fa. or writ in debt. The question is, has the bail been notified? If so, he must hasten to surrender his principal, or become finally fixed' and liable upon…
2Cited by2 opinions
- Lichten & Backer v. MottSupreme Court of Georgia · 1851
- Ancrum v. SloanCourt of Appeals of South Carolina · 1845