47 S.C. 150 | S.C. | 1896
The opinion of the Court was delivered by
In this case both sides appeal from an order made by his Honor, Judge Townsend, on motion to correct the taxation of costs as allowed by the clerk. It appears that the original decree was rendered by his Honor, Judge Witherspoon, from which both sides appealed, which was disposed of as appears by the report of the case in 37 S. C., 123, from which it will be seen that the plaintiffs were wholly unsuccessful in that appeal, while the defendant succeeded in materially modifying the Circuit decree. Mr. Justice McGowan, delivering the opinion of this Court, in speaking of the exceptions to that portion of the decree of Judge Witherspoon which adjudged “that the costs of this action be paid by the estate of Andrew J. ELibler,” used the following language: “As the case will have to go back to the circuit to reform the account in some respects, we think it better that the order as to costs should await that accounting. The order as to costs is reversed without prejudice.” The case having been remanded to the Circuit Court, came on to be heard by his Honor, Judge Ernest Gary, who rendered a decree from which both sides again appealed, as will be seen by reference to 44 S. C., 95, where it appears that both appeals were dismissed and the decree of Judge Gary was, practically, affirmed. In that
It seems to us, therefore, that the Circuit Judge erred in refusing defendant’s motion for an order directing the clerk
The judgment of this Court is, that the order of the Circuit Judge, except where it conflicts with the views herein presented, be affirmed; and as to those points wherein it is in conflict with this opinion, it be reversed, and that the case be remanded to the Circuit Court for the purpose of having the views herein announced carried into effect.