Thomson v. Joplin

Citations

• 12 S.C. 580
• 1880 S.C. LEXIS 5

Syllabus

<p>1. Where in an action for the recovery of personal property the defendant gave his undertaking with sureties for the delivery of the property or for the payment of such sum as may for any cause be recovered against him, judgment for a sum of money, as damages, and a return of nulla bona, are conclusive evidence of the breach of the bond and of the damages sustained.</p> <p>2. The fact that the plaintiff elected to ask a recovery in damages in place of specific delivery does not discharge the sureties to such undertaking.</p>