Caldwell ex rel. Townsends v. Metz

Citations

• 29 S.C.L. 94

Syllabus

<p>1. A defendant, upon being surrendered by his bail, filed a petition for the benefit of the Prison Bounds Acts, accompanied by a schedule of his estate. Plaintiffs objecting to his discharge, on several grounds, an issue of fraud was made and submitted to a jury, under the provisions of the Act of 1833 ; but the jury not being able to agree upon a verdict, were discharged by the Commissioner of Special Bail.</p> <p>2. There having been no verdict, the proceedings being interlocutory and to be discussed at the final decision below, it was held that no appeal would lie to this Court, under the Act of 1833 ; nor in such case, will an appeal lie, because after the discharge of the jury, the Commissioner refused a motion on the part of defendant, to withdraw his petition and schedule.</p> <p>3. It would seem as if the plaintiff should proceed, as if there had been, no attempt to try the case, as in other similar cases of mistrial.</p>