Sunday, July 13, 2008
Reports of Cases in Equity, Argued and Determined in the Court of Appeals and Court of Errors of South Carolina ... December, 1844, to [August, 1846;
Reports of Cases in Equity, Argued and Determined in the Court of Appeals and Court of Errors of South Carolina ... December, 1844, to [August, 1846; November, 1850 to May, 1868] ... By South Carolina Court of Appeals, James Sanders Guignard Richardson, South Carolina Court of Errors: "Nevils vs Hartzog this respect The authority given to the judges to give judgment and award execution together with costs means no more than that in this new jurisdiction they may give the judgment and award the execution which followed in the usual common law causes and that costs should be also given when by law the party would be entitled to them I am therefore satisfied that the defendants are not liable for the costs The rules are made absolute that they should be refunded The sheriff appealed and now moved that the judgment of his Honor be reversed on the grounds 1 Because his Honor Judge Withers was correct in allowing the costs and if his judgment was erroneous the defendants should have appealed 2 Because the judgments and executions in the above stated cases were regularly entered up and duly recorded and have not been legally set aside or impeached but still remain in full force and virtue as the records"
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment