Ex Parte Coleman

Supreme Court of South Carolina

Ex Parte Coleman

106 S.E. 572, 115 S.C. 515, 1921 S.C. LEXIS 33

CourtSupreme Court of South Carolina

DecidedMarch 22, 1921

Docket10593

StatusPublished

This text of 106 S.E. 572 (Ex Parte Coleman) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex Parte Coleman, 106 S.E. 572, 115 S.C. 515, 1921 S.C. LEXIS 33 (S.C. 1921).

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Opinion

The opinion of the Court was delivered by

Mr. Justice AVatts.

This is the third appeal in this cause. This is an appeal from an order of his Honor, Judge Sease, sustaining an order of Probate Judge A¥.' W. Johnson, wherein interest was allowed on attorneys’ fee, due to AVallace & Barron and Geo. S. Mower, Esqs. The exceptions must be sustained. There was no entry and enrollment of the judgment, as the law provides for, so to make it a money judgment. “A decretal order upon which an execution may be taken out is a final decree.” Haskell v. Raoul, 1 McCord, Eq. 32. “It must be a decree upon which an execution could be issued.” Ex parte Farrars in re Garrett v. Dial, 13 S. C. 254.

Exceptions sustained, and order appealed from reversed.

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The opinion of the Court was delivered by

Mr. Justice AVatts.

This is the third appeal in this cause. This is an appeal from an order of his Honor, Judge Sease, sustaining an order of Probate Judge A¥.' W. Johnson, wherein interest was allowed on attorneys’ fee, due to AVallace & Barron and Geo. S. Mower, Esqs. The exceptions must be sustained. There was no entry and enrollment of the judgment, as the law provides for, so to make it a money judgment. “A decretal order upon which an execution may be taken out is a final decree.” Haskell v. Raoul, 1 McCord, Eq. 32. “It must be a decree upon which an execution could be issued.” Ex parte Farrars in re Garrett v. Dial, 13 S. C. 254.

Exceptions sustained, and order appealed from reversed.

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Bluebook (online)

106 S.E. 572, 115 S.C. 515, 1921 S.C. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-coleman-sc-1921.