Mitchell v. Humphries

Supreme Court of South Carolina

Mitchell v. Humphries

16 S.C.L. 479

DecidedNovember 15, 1824

StatusPublished

This text of 16 S.C.L. 479 (Mitchell v. Humphries) 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

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

Pincite

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.

Cite This Page — Counsel Stack

Bluebook (online)

16 S.C.L. 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-humphries-sc-1824.