Garrett v. Niel

Citations

• 49 S.C. 560
• 27 S.E. 512
• 1897 S.C. LEXIS 181

Syllabus

<p>1. Costs — Security fob. Costs — Cterk of Court. — The manner in which the clerk of court indorsed on security for costs his attestation of the signature of the surety, held to be a substantial compliance with the law as it existed at that time.</p> <p>2. Nonsuit — Security for Costs. — Where a defendant secures an order in the usual form, requiring the plaintiff to give security for costs at a certain time, and the defendant answers after notice that the order has been complied with, he then waives his right to except to the security and to demand a nonsuit for non-compliance with the order.</p>