Anderson v. Foster

Court of Appeals of South Carolina

Anderson v. Foster

18 S.C.L. 500

DecidedJune 15, 1831

StatusPublished

This text of 18 S.C.L. 500 (Anderson v. Foster) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Anderson v. Foster, 18 S.C.L. 500 (S.C. Ct. App. 1831).

Pincite

Opinion

O’Neai.1,, J.

delivered the opinion of the Court.

This Court concurs with the presiding Judge in his views of the law of this case, and for the reasons which he has given. It may be necessary to add, that, although to render a schedule within forty days, is not required by the prison bounds act, of prisoners confined on mesne process, yet the insertion of such a [504]*504condition, in addition to that required by the act, does not render the bond void : for the act does not. provide that the bond shall be void, if it contain ¡iny other condition than that required. The illegal condition is void ; but the legal condition, and the bond itself, are valid, and binding.

Motion refused.

Free access — add to your briefcase to read the full text and ask questions with AI

O’Neai.1,, J.

delivered the opinion of the Court.

This Court concurs with the presiding Judge in his views of the law of this case, and for the reasons which he has given. It may be necessary to add, that, although to render a schedule within forty days, is not required by the prison bounds act, of prisoners confined on mesne process, yet the insertion of such a [504]*504condition, in addition to that required by the act, does not render the bond void : for the act does not. provide that the bond shall be void, if it contain ¡iny other condition than that required. The illegal condition is void ; but the legal condition, and the bond itself, are valid, and binding.

Motion refused.

Cite This Page — Counsel Stack

Bluebook (online)

18 S.C.L. 500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-foster-scctapp-1831.