Fleming v. Rushton

Supreme Court of South Carolina

Fleming v. Rushton

3 S.C.L. 383

DecidedApril 15, 1804

StatusPublished

This text of 3 S.C.L. 383 (Fleming v. Rushton) 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

Fleming v. Rushton, 3 S.C.L. 383 (S.C. 1804).

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Opinion

By the Court.

This recognizance of special bail was authorized. In a case on attachment, the defendant himself, or any person, as bis attorney, may, within a year and a day, appear and put in bail to the action, in which case, the attachment shall be dissolved, and the things attached given up to the defendant, or person giving se,. curity, who shall be liable to the plaintiff for whatever he shall recover, with costs. A. A. 1744. P. L. 188. But the bail were intitled to surrender.

Motion overruled.

Present, Gkimke, Waties, Johnson, Trezevant, and Brevard, Justices ; Bay, J. absent.

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By the Court.

This recognizance of special bail was authorized. In a case on attachment, the defendant himself, or any person, as bis attorney, may, within a year and a day, appear and put in bail to the action, in which case, the attachment shall be dissolved, and the things attached given up to the defendant, or person giving se,. curity, who shall be liable to the plaintiff for whatever he shall recover, with costs. A. A. 1744. P. L. 188. But the bail were intitled to surrender.

Motion overruled.

Present, Gkimke, Waties, Johnson, Trezevant, and Brevard, Justices ; Bay, J. absent.

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Bluebook (online)

3 S.C.L. 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleming-v-rushton-sc-1804.