Napier v. Carpenter's Administrators

Supreme Court of South Carolina

Napier v. Carpenter's Administrators

4 S.C.L. 407

Supreme Court of South Carolina·Decided May 15, 1810·Published

Opinion

Per curiam.

Grimke, J.,

delivered the opinion, May 2d, 1810. Judgment is final on a bond, and no inquiry of damages is necessary. By A. A. 1746, P. L. 212, if the defendant should die after interlocutory, and before final judgment, the action shall not abate, if such action might be originally prosecuted against the executors, or administrators, of such defendant, and sci. fa. lies against the representatives of the deceased. But this law applies as to judgment, only to cases where a writ of enquiry is necessary to determine the amount of the debt, and not to cases like the present, where the order for judgment is conclusive, and final judgment follows as a matter in course.

Motion rejected.

Free access — add to your briefcase to read the full text and ask questions with AI

Per curiam.

Grimke, J.,

delivered the opinion, May 2d, 1810. Judgment is final on a bond, and no inquiry of damages is necessary. By A. A. 1746, P. L. 212, if the defendant should die after interlocutory, and before final judgment, the action shall not abate, if such action might be originally prosecuted against the executors, or administrators, of such defendant, and sci. fa. lies against the representatives of the deceased. But this law applies as to judgment, only to cases where a writ of enquiry is necessary to determine the amount of the debt, and not to cases like the present, where the order for judgment is conclusive, and final judgment follows as a matter in course.

Motion rejected.

Napier v. Carpenter's Administrators, 4 S.C.L. 407 (S.C. 1810).

Pincite

4 S.C.L. 407 (Napier v. Carpenter's Administrators) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.