Bona v. Davant

Court of Appeals of South Carolina

Bona v. Davant

12 S.C. Eq. 44

DecidedFebruary 13, 1837

StatusPublished

This text of 12 S.C. Eq. 44 (Bona v. Davant) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bona v. Davant, 12 S.C. Eq. 44 (S.C. Ct. App. 1837).

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Opinion

Chancellor Besaussuke

delivered the opinion of the court.

This is the case of a claim of commissions, or extra compensation, made by the commissioner in equity, for Beaufort district, for services, other larger and more onerous, than those provided for, by the fee bill. In support of this claim, it was alleged, that the services were imposed by the court, and performed by the commissioner, and did not come within the ordinary duties, for which the fee bill makes provision, and were more burthensome ; and that, therefore, the court might well allow a provision more adequate to the services rendered.

Upon an examination of the various statutes on this subject, the court is satisfied, that it is not in its power, to make the allowance of extra commissions or compensation, beyond, or extraneous to the fee bill, claimed for extra services. The sltute s are too precise and prohibitory, to admit of a departure from them.

It is, therefore, ordered, that the decree of the Circuit Court bo affirmed, and the appeal dismissed.

HENRY W. DESAUSSURE.

We concur,

WM. HARPER, J. JOHNSTON, DAVID JOHNSON.

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Chancellor Besaussuke

delivered the opinion of the court.

This is the case of a claim of commissions, or extra compensation, made by the commissioner in equity, for Beaufort district, for services, other larger and more onerous, than those provided for, by the fee bill. In support of this claim, it was alleged, that the services were imposed by the court, and performed by the commissioner, and did not come within the ordinary duties, for which the fee bill makes provision, and were more burthensome ; and that, therefore, the court might well allow a provision more adequate to the services rendered.

Upon an examination of the various statutes on this subject, the court is satisfied, that it is not in its power, to make the allowance of extra commissions or compensation, beyond, or extraneous to the fee bill, claimed for extra services. The sltute s are too precise and prohibitory, to admit of a departure from them.

It is, therefore, ordered, that the decree of the Circuit Court bo affirmed, and the appeal dismissed.

HENRY W. DESAUSSURE.

We concur,

WM. HARPER, J. JOHNSTON, DAVID JOHNSON.

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Bluebook (online)

12 S.C. Eq. 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bona-v-davant-scctapp-1837.