reports  of  it,  as  it  has  been  presented  to  this  Court,  to  be  found
in  4  Strob.  438,  and  5  Rich.  386.  Such  proceedings  were  had
in  the  Court  of  Equity  by  Napier  &  Company  against  Gidiere,
as  executor  of  Desconrdes,  as  resulted  in  an  order,  by  that
Court, — a  rule  to  that  effect  having  been  made  absolute, — that
he  be  attached.  A  writ,  or  process  to  that  end,  was  placed  in
the  hands  of  A.  H.  Brown,  Sheriff  of  Charleston  District,  and
he  seized  Gidiere  by  virtue  thereof.  Gidiere,  upon  petition  in
Equity,  was  enlarged,  upon  his  executing  a  bond  to  the  plaintiff
here,  with  an  alternative  condition,  to  wit :  that  he  should  pay
a  certain  sum  of  money  into  the  Court  of  Equity  within  ten
days  after  the  decree  of  the  Appeal  Court,  (the  cause  then  pend-
ing in  appeal,)  "  or  surrender  himself  a  prisoner  to  the  sheriff,
under  the  attachment  now  in  force  against  him."  The  money
was  not  paid  as  stipulated,  and  the  Court  of  Equity  directed
that  Napier  be  allowed  to  proceed,  at  his  own  cost  and  charges,
upon  the  bond  aforesaid,  and  that  the  commissioner  attend  with
the  bond,  in  order  to  sustain  the  suit.  Such  is  a  very  brief
abstract,  intended  only  to  be  adequate  to  the  present  occasion,
of  the  origin  and  cause  of  this  action.  Gidiere  pleaded  sundry
separate  matters  in  bar;  it  will  suffice  to  specify  that  which  is
to  the  following  effect :  that  he  was  ready  to  surrender  himself
within  the  time  limited  in  the  bond,  but  that  there  was  no  attach-
ment in  force  against  him,  and  that  Napier,  the  complainant  in
the  cause  against  him,  for  whose  benefit  the  attachment  was
ordered  and  this  suit  brought,  would  not  deliver  the  said  attach-
ment, or  any  other  authority,  to  the  sheriff  for  receiving  him  as
as  a  prisoner.
