Davis v. Davis

Court of Appeals of South Carolina

Davis v. Davis

11 S.C. Eq. 377

DecidedDecember 15, 1835

StatusPublished

This text of 11 S.C. Eq. 377 (Davis v. Davis) 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

Davis v. Davis, 11 S.C. Eq. 377 (S.C. Ct. App. 1835).

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Opinion

An executor or administrator who litigates in good faith, shall be allowed costs out of the estate: but where, with sufficient funds in his hands, he suffers himself to be sued, having no *just defence, he r^oiro must pay the costs himself. On judgment by default, he would be L liable for the costs de bonis propriis at law; (Giles v. Pratt, 1 Hill, 244,) and in Equity, he can only be excused by showing a want of funds.

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An executor or administrator who litigates in good faith, shall be allowed costs out of the estate: but where, with sufficient funds in his hands, he suffers himself to be sued, having no *just defence, he r^oiro must pay the costs himself. On judgment by default, he would be L liable for the costs de bonis propriis at law; (Giles v. Pratt, 1 Hill, 244,) and in Equity, he can only be excused by showing a want of funds.

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Bluebook (online)

11 S.C. Eq. 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-davis-scctapp-1835.