Treasurer v. Executors of Moore

Supreme Court of South Carolina

Treasurer v. Executors of Moore

5 S.C.L. 550

DecidedNovember 15, 1815

StatusPublished

This text of 5 S.C.L. 550 (Treasurer v. Executors of Moore) 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

Treasurer v. Executors of Moore, 5 S.C.L. 550 (S.C. 1815).

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Opinion

Colcock, J.

I am in favor of the motion. I think the witness' should have made a return as to the duces tecum, or that part of the subpoena which required him to bring the books. I also think that a sheriff’s books are public property, and that whoever may be in possession of them, is bound to produce them, when called for by legal authority, even though as evidence against himself; nor can I conceive that there can be a doubt, but that when a sale has taken place, a sheriff, or his representatives, are bound to account for the proceeds.

Grimke, Nott, Bay, and Smith, Js., concurred.

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Colcock, J.

I am in favor of the motion. I think the witness' should have made a return as to the duces tecum, or that part of the subpoena which required him to bring the books. I also think that a sheriff’s books are public property, and that whoever may be in possession of them, is bound to produce them, when called for by legal authority, even though as evidence against himself; nor can I conceive that there can be a doubt, but that when a sale has taken place, a sheriff, or his representatives, are bound to account for the proceeds.

Grimke, Nott, Bay, and Smith, Js., concurred.

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Bluebook (online)

5 S.C.L. 550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/treasurer-v-executors-of-moore-sc-1815.