State ex rel. Slay v. Williams

Citations

• 19 S.C. 62
• 1883 S.C. LEXIS 55

Syllabus

<p>1. Tlie surety on a sheriff’s bond may be sued without joining the sheriff) or, if he be dead, his representative.</p> <p>2. It is not necessary that judgment should be obtained against the sheriff) or his representative, before such suit is instituted against the surety.</p> <p>3. To constitute a cause of action against the surety in such case, it is not necessary to allege and prove demand and refusal as to the sheriff, or his representative, nor to allege judgment obtained against the sheriff, or his insolvency.</p> <p>4. It is surplusage to allege in a complaint that which need not be proved at the trial.</p> <p>5. This case, distinguished from State, ex relatione Coleman, v. Cason, 11 S. G 392.</p>