13 S.C.L. 31 | S.C. | 1822
delivered the opinion of the court:
The statute of 11 Geo. 2, although not binding upon us1 as a statute law, has been adopted in practice in this state, and as a usage, has become obligatory on us. This statute provides that the avowant in replevin may, if the condition of the bond be broken, take an assignment of it, and bring debt; and I am inclined to think, though not necessary to this case, that such an action might be supported at any time after the plaintiff in replevin abandoned his action.— The proceeding by sci. fa. on the replevin bond, is however fettered by other rules. It cannot be resorted to, un
The motion is dismissed.