Cheatham v. Morrison
Supreme Court of South Carolina
Before Norton, J., Abbeville, October, 1890. This was an action by James H. Cheatham against B. L. Morrison and Basil Manly, sureties on a rexilevin bond, commenced September 8, 1890. The judge charged the jury as follows: Gentlemen of the jury: The facts that have been testified to in this case are these: that the defendants here, with M. M. Sea-wright, gave a bond to rexilevy some x:>rox:>erty which was taken under an agricultural warrant.
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Before Norton, J., Abbeville, October, 1890. This was an action by James H. Cheatham against B. L. Morrison and Basil Manly, sureties on a rexilevin bond, commenced September 8, 1890. The judge charged the jury as follows: Gentlemen of the jury: The facts that have been testified to in this case are these: that the defendants here, with M. M. Sea-wright, gave a bond to rexilevy some x:>rox:>erty which was taken under an agricultural warrant. The bond I judge to be a valid bond if properly executed and delivered, and the sheriff says that that is the bond which was delivered to him. So, if you…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice Pore.
This action was tried before his honor, Judge Norton, and a jury, at the October term, 1890, of the Court of Common Pleas for Abbeville County. On a verdict for the plaintiff, judgment was duly entered. Thereupon the defendants appealed. The facts of the controversy that occurred up to 1889 are fully set forth in the judgment of this court, in the case of Cheatham v. Morrison and Maddox, 31 S. C., 326. The result of that case was that the plaintiff was remitted in the court below' to his rights in the subject matter of this…
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