Dillon v. Watkins

Citations

• 29 S.C.L. 445

Syllabus

<p>1. Under the 21st. sec. of the Act of 1839, which makes it the duty of the Clerk before issuing a writ in Attachment “to take from the plaintiff, or his or her agent, a bond to the defendant,” &c. an attorney authorized to bring the action may give his own bond, “styling himself agent;” and this is enough to justify the clerk in signing the writ.</p> <p>2. The 21st.- sec. of the Act of 1839, constitutes another remedial Act as well as that of 1799.</p> <p>3. It is not necessary that the person voluntarily giving the bond produce a special power of attorney to bind himself by such a bond. All that the Act of 1839 requires is, that he be the plaintiff’s agent, with authority for such a purpose, and not a mere intruder.</p>