Cavender v. Ward

Citations

• 28 S.C. 470
• 6 S.E. 302
• 1888 S.C. LEXIS 74

Syllabus

<p>1. Where a bond was given in the penalty of §140 to secure the payment of any judgment that might be rendered in a proceeding then pending, and judgment was rendered therein for $64, a trial justice has jurisdiction of an action on this bond to recover the said amount of $64.</p> <p>2. A trial justice being satisfied from plaintiff’s affidavit that there was good ground for apprehending the loss of the debt if the trial was not had at an early day, there was no error in ordering a trial within the twenty days, otherwise required in such cases.</p> <p>3. A bond voluntarily given by a principal and surety to secure the payment of the judgment in an issue then pending before a trial justice under an agricultural lien, whereby the principal debtor got possession of property then under levy, is not illegal and void, although at that time there was no statute authorizing such a bond.</p>