South Carolina § 22-3-1130 Action discontinued upon delivery of undertaking; costs.

South Carolina Statutes

§ 22-3-1130 — Action discontinued upon delivery of undertaking; costs.

South Carolina § 22-3-1130

Title 22MAGISTRATES AND CONSTABLES

Ch. 3JURISDICTION AND PROCEDURE IN MAGISTRATES' COURTS

This text of South Carolina § 22-3-1130 (Action discontinued upon delivery of undertaking; costs.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 22-3-1130 (2026).

Text

Upon the delivery of the undertaking to the magistrate the action before him shall be discontinued and each party shall pay his own costs. The costs so paid by either party shall be allowed to him if he recover costs in the action to be brought for the same cause in the circuit court. If no such action be brought within thirty days after the delivery of the undertaking the defendant's costs before the magistrate may be recovered of the plaintiff.

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Upon the delivery of the undertaking to the magistrate the action before him shall be discontinued and each party shall pay his own costs. The costs so paid by either party shall be allowed to him if he recover costs in the action to be brought for the same cause in the circuit court. If no such action be brought within thirty days after the delivery of the undertaking the defendant's costs before the magistrate may be recovered of the plaintiff.

Legislative History

HISTORY: 1962 Code SECTION 43-153; 1952 Code SECTION 43-153; 1942 Code SECTION 267; 1932 Code SECTION 267; Civ. P. '22 SECTION 223; Civ. P. '12 SECTION 90; Civ. P. '02 SECTION 81; 1870 (14) 84.