Arthur Clark & Co. v. Henry Moore

6 S.C.L. 150
CourtSupreme Court of South Carolina
DecidedNovember 15, 1812
StatusPublished

This text of 6 S.C.L. 150 (Arthur Clark & Co. v. Henry Moore) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arthur Clark & Co. v. Henry Moore, 6 S.C.L. 150 (S.C. 1812).

Opinion

Nott? J.

By the act, under which the bond in question is taken? no person is entitled to the benefit of the prison rules? until he? she? or they? shall have given satisfactory security to the sheriff? &c. and it also provides that the sheriff shall be answerable for the solvency of such security. Now, since the act makes the sheriff the sole judge of the security? and requires him to take only such as is satisfactory to him, and declares expressly that he shall be answerable for the solvency of such security, this court cannot say he shall not be answerable. The ease of Oxley vs. Cowperthwaite, 1 Dall. 349. is directly in point ? and? for the reasons given in that case? I think a new trial ought to be granted in this.

Colcock? Brevard? and Bay, Js. concurred.

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Bluebook (online)
6 S.C.L. 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arthur-clark-co-v-henry-moore-sc-1812.