Gibbes v. Mitchell

Court of Appeals of South Carolina

Gibbes v. Mitchell

2 S.C.L. 406

DecidedJuly 1, 1802

StatusPublished

This text of 2 S.C.L. 406 (Gibbes v. Mitchell) 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

Gibbes v. Mitchell, 2 S.C.L. 406 (S.C. Ct. App. 1802).

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Opinion

But the other judges, after hearing argument, unanimously confirmed the decision of the judge in the circuit court below ; because, on every joint and several bond, where the actions are separated against two or more defendants, every individual is liable in his separate and distinct capacity ; and the privilege or exemption from arrest, which the law allows to one of the defendants, will not prevent the ordinary course of justice, against any of the other co-obligors. This privilege is not to be extended by implication, because a fellow debtor is entitled to legislative exA emption from arrests.

New trial refused.

Present, Grimke, Johnson, Trezevant and BRE-VARD.

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But the other judges, after hearing argument, unanimously confirmed the decision of the judge in the circuit court below ; because, on every joint and several bond, where the actions are separated against two or more defendants, every individual is liable in his separate and distinct capacity ; and the privilege or exemption from arrest, which the law allows to one of the defendants, will not prevent the ordinary course of justice, against any of the other co-obligors. This privilege is not to be extended by implication, because a fellow debtor is entitled to legislative exA emption from arrests.

New trial refused.

Present, Grimke, Johnson, Trezevant and BRE-VARD.

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Bluebook (online)

2 S.C.L. 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibbes-v-mitchell-scctapp-1802.