South Carolina § 22-3-1440 Return of property to defendant.

South Carolina Statutes

§ 22-3-1440 — Return of property to defendant.

South Carolina § 22-3-1440

Title 22MAGISTRATES AND CONSTABLES

Ch. 3JURISDICTION AND PROCEDURE IN MAGISTRATES' COURTS

This text of South Carolina § 22-3-1440 (Return of property to defendant.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 22-3-1440 (2026).

Text

At any time before the return day of the summons the defendant may, if he has not excepted to the plaintiff's sureties, require the return of the property to him upon giving to the plaintiff and filing with the magistrate a written undertaking, with one or more sureties who shall justify before the magistrate on the return day of the summons to the effect that they are bound in double the value of the property, as stated in plaintiff's affidavit, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may for any cause be recovered against the defendant. If such return be not required before the return day of the summons the property shall be delivered to the plaintiff.

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At any time before the return day of the summons the defendant may, if he has not excepted to the plaintiff's sureties, require the return of the property to him upon giving to the plaintiff and filing with the magistrate a written undertaking, with one or more sureties who shall justify before the magistrate on the return day of the summons to the effect that they are bound in double the value of the property, as stated in plaintiff's affidavit, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may for any cause be recovered against the defendant. If such return be not required before the return day of the summons the property shall be delivered to the plaintiff.

Legislative History

HISTORY: 1962 Code SECTION 43-179; 1952 Code SECTION 43-179; 1942 Code SECTION 257; 1932 Code SECTION 257; Civ. P. '22 SECTION 213; Civ. P. '12 SECTION 80; Civ. P. '02 SECTION 71; 1870 (14) 74; 1879 (17) 28; Const. Art. 5, SECTIONS 20, 21.