Hamilton v. Hamilton

Court of Appeals of South Carolina

Hamilton v. Hamilton

45 S.C.L. 351

DecidedMay 15, 1858

StatusPublished

This text of 45 S.C.L. 351 (Hamilton v. Hamilton) 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

Hamilton v. Hamilton, 45 S.C.L. 351 (S.C. Ct. App. 1858).

Pincite

Opinion

Curia, per O’Neall, J.

In this case, we think tbe discharge of the prisoner, under the prison bounds’ Act concludes the question now attempted to be made. The case of Hibler vs. Hammond, 2 Strob. 105, which ruled, that the discharge of a prisoner under the insolvent debtors’ Act is a bar to the action, on the prison bounds’ bond, is decisive of this. • • '

For the discharge of the Commissioner of Special Bail within his jurisdiction is as much res judicata as a discharge by the Court under the insolvent debtors’ Act. Neither can be questioned while unreversed.

This decision concludes the plaintiff’s rights, and it will be useless to further litigate the matter.

It is therefore ordered that the verdict be set aside and a non-suit granted.

Wardlaw, WhitNer, Glover AND MuNro, JJ., concurred.

Motion granted.

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