Gilchrist v. Edwards

Court of Appeals of South Carolina

Gilchrist v. Edwards

30 S.C.L. 191

DecidedJanuary 15, 1845

StatusPublished

This text of 30 S.C.L. 191 (Gilchrist v. Edwards) 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

Gilchrist v. Edwards, 30 S.C.L. 191 (S.C. Ct. App. 1845).

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Opinion

Curia, per

Wardlaw, J.

This case is very different from those which have been decided allowing costs upon issues tried in the Circuit Court, which are followed by a judgment of that court. Here was a trial before an inferior tribunal, and the 3d. Sect, of the Act of 1833, 6 Stat. 492, provides fees for the commissioner of special bail and sheriff, and directs the commisioner to issue execution for them. There is not. only a want of authority for other costs, but a strong implication that no others shall be allowed. The motion is dismissed.

O’Neall, Evans, Butler and Frost, JJ. concurred.

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Curia, per

Wardlaw, J.

This case is very different from those which have been decided allowing costs upon issues tried in the Circuit Court, which are followed by a judgment of that court. Here was a trial before an inferior tribunal, and the 3d. Sect, of the Act of 1833, 6 Stat. 492, provides fees for the commissioner of special bail and sheriff, and directs the commisioner to issue execution for them. There is not. only a want of authority for other costs, but a strong implication that no others shall be allowed. The motion is dismissed.

O’Neall, Evans, Butler and Frost, JJ. concurred.

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Bluebook (online)

30 S.C.L. 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilchrist-v-edwards-scctapp-1845.