Clyburn v. Ingram

Court of Appeals of South Carolina

Clyburn v. Ingram

47 S.C.L. 248

DecidedDecember 15, 1861

StatusPublished

This text of 47 S.C.L. 248 (Clyburn v. Ingram) 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

Clyburn v. Ingram, 47 S.C.L. 248 (S.C. Ct. App. 1861).

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Opinion

The opinion of the Court was delivered by

Johnstone, J.

The terms of the bond are certainly not very happy, but they are not so entirely unmeaning as to avoid the instrument, and reduce it to a nullity. I am of opinion that they are sufficient to constitute a bail-bond. As the uncertainty of the instrument seems to have been the only ground of the nonsuit, and no other defect is pointed out, I am of opinion that it should be set aside; and it is so ordered.

Motion granted.

O’Neall, 0. J., concurred.

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The opinion of the Court was delivered by

Johnstone, J.

The terms of the bond are certainly not very happy, but they are not so entirely unmeaning as to avoid the instrument, and reduce it to a nullity. I am of opinion that they are sufficient to constitute a bail-bond. As the uncertainty of the instrument seems to have been the only ground of the nonsuit, and no other defect is pointed out, I am of opinion that it should be set aside; and it is so ordered.

Motion granted.

O’Neall, 0. J., concurred.

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Bluebook (online)

47 S.C.L. 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clyburn-v-ingram-scctapp-1861.