State v. Guignard

Supreme Court of South Carolina

State v. Guignard

12 S.C.L. 176

DecidedMay 15, 1821

StatusPublished

This text of 12 S.C.L. 176 (State v. Guignard) 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

State v. Guignard, 12 S.C.L. 176 (S.C. 1821).

Pincite

Opinion

Mr. Justice Gantt

delivered the opinion of the court.

The law is very clear that a plaintiff may for his own security, take out two writs, but he can execute but one. It is thus settled in the case of Stamper vs. Hudson, 8 Modern, 303. The same principle is recognized in the case of Young vs. Taylor and Barron, 2 Binney, 230, where it is said, a plaintiff may take but one execution against the body of a defendant, and another against his goods, at the same time, bút both cannot be served.

The Court are of opinion that the circuit decision was éorrect, and that the motion made to reverse the same should be refused;

Justices Colcock, Notl, Johnson, Huger and Richardson, concurred.

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Mr. Justice Gantt

delivered the opinion of the court.

The law is very clear that a plaintiff may for his own security, take out two writs, but he can execute but one. It is thus settled in the case of Stamper vs. Hudson, 8 Modern, 303. The same principle is recognized in the case of Young vs. Taylor and Barron, 2 Binney, 230, where it is said, a plaintiff may take but one execution against the body of a defendant, and another against his goods, at the same time, bút both cannot be served.

The Court are of opinion that the circuit decision was éorrect, and that the motion made to reverse the same should be refused;

Justices Colcock, Notl, Johnson, Huger and Richardson, concurred.

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Bluebook (online)

12 S.C.L. 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-guignard-sc-1821.