Mitchell v. Humphries

Supreme Court of South Carolina

Mitchell v. Humphries

16 S.C.L. 479

Supreme Court of South Carolina·Decided November 15, 1824·Published

Opinion

The opinion of the court was delivered by

Mr. Justich Colcoclc.

This case is decided by the case of Durkey, vs. Hammond, 2 Con. Rep. 151: after execution, the defendant must seek his remedy in equity. If he would not avail himself of the provisions of the act made to relieve him from the .expense and trouble of an equity suit, he can now have no claim for 'the assistance of this court. He should have obtained the order of court, to compel the plaintiff to submit the condition of the bond, at all events, before the court adjourned at which the verdict was obtained.

The motion is granted. —

Huger and Gantt, Justices, concurred.

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The opinion of the court was delivered by

Mr. Justich Colcoclc.

This case is decided by the case of Durkey, vs. Hammond, 2 Con. Rep. 151: after execution, the defendant must seek his remedy in equity. If he would not avail himself of the provisions of the act made to relieve him from the .expense and trouble of an equity suit, he can now have no claim for 'the assistance of this court. He should have obtained the order of court, to compel the plaintiff to submit the condition of the bond, at all events, before the court adjourned at which the verdict was obtained.

The motion is granted. —

Huger and Gantt, Justices, concurred.

Mitchell v. Humphries, 16 S.C.L. 479 (S.C. 1824).

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