Ex parte M'Cleland

Court of Appeals of South Carolina

Ex parte M'Cleland

10 S.C. Eq. 412

DecidedDecember 15, 1833

StatusPublished

This text of 10 S.C. Eq. 412 (Ex parte M'Cleland) 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

Ex parte M'Cleland, 10 S.C. Eq. 412 (S.C. Ct. App. 1833).

Pincite

Opinion

Johnson, J.

None of the acts of the legislature regulating the fees of [281]*281the officers, make any provision for a defence to a petition in the Court of Chancery, and however meritorious the claim may be, the Court has no authority to regulate it. Costs are not allowed by the common law, and whoever claims to charge them, must put his finger upou the Act which allows it. The order of *the Circuit Court, directing that ten dollars should be taxed as costs, is therefore reversed, and the motion in behalf of the defendant is dismissed.

O’Neall and Harper, Js., concurred.

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Johnson, J.

None of the acts of the legislature regulating the fees of [281]*281the officers, make any provision for a defence to a petition in the Court of Chancery, and however meritorious the claim may be, the Court has no authority to regulate it. Costs are not allowed by the common law, and whoever claims to charge them, must put his finger upou the Act which allows it. The order of *the Circuit Court, directing that ten dollars should be taxed as costs, is therefore reversed, and the motion in behalf of the defendant is dismissed.

O’Neall and Harper, Js., concurred.

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Bluebook (online)

10 S.C. Eq. 412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-mcleland-scctapp-1833.