Bomar v. Ezell

Citations

• 22 S.C. 394
• 1885 S.C. LEXIS 35

Syllabus

<p>1. Under the practice prevailing in 1859, in action by the ordinary on an administration bond after decree, the parties at whose instance the action was prosecuted were required to endorse their names on the record, and only they could claim any, rights in the action, or be liable for the costs.</p> <p>2. When, therefore, such an action was brought, and afterwards discontinued, distributees whose names were not so endorsed, and for whoso benefit the action was not instituted, cannot have an order to restore the case to the docket.</p>