Thomson v. Farr

Court of Appeals of South Carolina

Thomson v. Farr

30 S.C.L. 4

DecidedDecember 15, 1844

StatusPublished

This text of 30 S.C.L. 4 (Thomson v. Farr) 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

Thomson v. Farr, 30 S.C.L. 4 (S.C. Ct. App. 1844).

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Opinion

Curia, for

Wardlaw, J.

Costs are in the nature of penalties, and the statutes. granting them have always been strictly construed. The 13th section of the Ordinary’s Act of 1839, is, in its terms, prospective, applying to cases in which appeals shall be taken, and it does not appear to this court to have been properly applied, as to its provision concerning costs, to this case, which was pending when it passed.

The motion to reverse the order of the Circuit Court is, therefore, granted.

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

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Curia, for

Wardlaw, J.

Costs are in the nature of penalties, and the statutes. granting them have always been strictly construed. The 13th section of the Ordinary’s Act of 1839, is, in its terms, prospective, applying to cases in which appeals shall be taken, and it does not appear to this court to have been properly applied, as to its provision concerning costs, to this case, which was pending when it passed.

The motion to reverse the order of the Circuit Court is, therefore, granted.

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

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Bluebook (online)

30 S.C.L. 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomson-v-farr-scctapp-1844.