Nicklin v. Morrow

Supreme Court of South Carolina

Nicklin v. Morrow

5 S.C.L. 405

DecidedNovember 15, 1814

StatusPublished

This text of 5 S.C.L. 405 (Nicklin v. Morrow) 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

Nicklin v. Morrow, 5 S.C.L. 405 (S.C. 1814).

Pincite

Opinion

Smith, J.

The law authorizing the appointment of surveyors, in cases to try titles to land, says, the surveyor shall give in his re-' turn, on oath, at the next court; but makes no requisition for his attendance afterwards. Therefore, in such cases, as in all others, if the party wishes the surveyor to attend the succeeding courts, he ought to have him under subpoena, otherwise he cannot claim costs for his attendance. I am, therefore, against the rule-

Colcock, Bay, and Bkevaed, Js., concurred.

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Smith, J.

The law authorizing the appointment of surveyors, in cases to try titles to land, says, the surveyor shall give in his re-' turn, on oath, at the next court; but makes no requisition for his attendance afterwards. Therefore, in such cases, as in all others, if the party wishes the surveyor to attend the succeeding courts, he ought to have him under subpoena, otherwise he cannot claim costs for his attendance. I am, therefore, against the rule-

Colcock, Bay, and Bkevaed, Js., concurred.

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Bluebook (online)

5 S.C.L. 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicklin-v-morrow-sc-1814.