Briggs v. Cottrell

Court of Appeals of South Carolina

Briggs v. Cottrell

35 S.C.L. 86

DecidedNovember 15, 1849

StatusPublished

This text of 35 S.C.L. 86 (Briggs v. Cottrell) 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

Briggs v. Cottrell, 35 S.C.L. 86 (S.C. Ct. App. 1849).

Pincite

Opinion

Curia, per Wardlaw, J.

Under the Act of 1839, a magistrate’s execution might be levied within one year from its date, and not afterwards, unless it was renewed.

_ The Act of 1847 provides that “ from and after the passing of this Act, any execution lawfully issued by any mag-*strate this State) may be levied at any time within four years from the date thereof, and not afterwards, unless renewed,” &c. This court agrees that the meaning of this is as if it had been written, any execution hereafter lawfully issued, &c. may be levied, Spc.

The motion is dismissed.

The whole Court concurred.

Motion refused,

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Curia, per Wardlaw, J.

Under the Act of 1839, a magistrate’s execution might be levied within one year from its date, and not afterwards, unless it was renewed.

_ The Act of 1847 provides that “ from and after the passing of this Act, any execution lawfully issued by any mag-*strate this State) may be levied at any time within four years from the date thereof, and not afterwards, unless renewed,” &c. This court agrees that the meaning of this is as if it had been written, any execution hereafter lawfully issued, &c. may be levied, Spc.

The motion is dismissed.

The whole Court concurred.

Motion refused,

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Bluebook (online)

35 S.C.L. 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/briggs-v-cottrell-scctapp-1849.