36 S.C. 554 | S.C. | 1892
The opinion of the court in the case first stated was delivered by
It is true, that in the case of Huff v. Watkins, the party to whom these appeal costs were allowed was the appellant, while here the successful party in the appeal was respondent; but the
The judgment of this court is, that the judgment of the Circuit Court be reversed, in so far as it disallowed the item of fifteen dollars, and that the case be remanded to that court with instructions to confirm the taxation of costs as made by the clerk.
September 2, 1892. The opinion of the court in the case second stated was as follows :
The sole question raised by this appeal is whether the statutory provision fixing “fifteen dollars on appeal to the Supreme Court” should be allowed to the respondents who are the prevailing parties on an appeal to this court in a special
Soon after the year 1876, when the people of this commonwealth regained control of the legislature of the State, the system of allowances, as fixed in the act of 1 March, 1870, was repealed, and a return was had to the statutory provisions on the subject of costs, as they had existed in this State prior to 1 March, 1870. See 16 Stat., 621, and 17 Stat., 296. By these last named acts (which are now incorporated in the General Statutes as sections 2425, 2426, 2427, and 2428), it was provided : “The following costs shall be allowed in all classes of cases, legal or equitable: for the plaintiff’s or defendant’s attorneys, for making and serving a case, or cases, containing exceptions, ten dollars; for procuring an order of injunction, five dollars ; on appeal to the Supreme Court, fifteen dollars ; on argument to the Supreme Court, twenty dollars and it may be remarked just here that the language here quoted forms a part of section 2428 of the General Statutes.
It is the judgment of this court, that the judgment of the Circuit Court be reversed, in so far as it disallowed the item of fifteen dollars, and that the case be remanded to the Circuit Court for the purpose of carrying into effect the judgment of this court.