Rhodes v. Burkart
Supreme Court of South Carolina
This action was based upon the undertaking given by a plaintiff in claim and delivery, and sought to recover from the surety the costs taxed in favor of the defendant in that suit.
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This action was based upon the undertaking given by a plaintiff in claim and delivery, and sought to recover from the surety the costs taxed in favor of the defendant in that suit. By this undertaking the parties became “bound to the defendant in the sum of thirty dollars for the prosecution of the action of the plaintiff in the against the defendant for wrongfully detaining the said property, for the return to the defendant of the said property, or so much thereof as shall be taken by virtue of the said affidavit and requisition thereupon endorsed, if a return thereof shall be adjudged; and…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice Simpson.
One Tim McKnight brought an action of claim and delivery of personal property against the appellant, Moses Rhodes, and upon the execution of the required undertaking in such ease provided, the property was delivered to him. This undertaking was signed by the said -McKnight and the respondent, A. Burkart, in which they became bound to Rhodes in the sum of thirty dollars for the prosecution of the action, for the return of the property, if a return be adjudged, and for the payment to Rhodes of such sum as might for any cause be…
2Cases cited1 opinion
- Tibbles v. O'ConnorNew York Supreme Court · 1858
3Cited by1 opinion
- Setzer v. FoilSupreme Court of South Carolina · 1936