Williams v. Washington
Supreme Court of South Carolina
Before Townsend, J., Aiken, June, 1894. Action by Sanders Williams against George Washington and others. The case came to this court on the following exceptions: (a) Because, it is submitted, his honor erred in not ordering the costs to be taxed at one-half of the true costs, for the reason that he should have held, that the case was either a suit for partition or for the foreclosure of mortgages set up by the defendants, and not an action to recover possession of land.
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Before Townsend, J., Aiken, June, 1894. Action by Sanders Williams against George Washington and others. The case came to this court on the following exceptions: (a) Because, it is submitted, his honor erred in not ordering the costs to be taxed at one-half of the true costs, for the reason that he should have held, that the case was either a suit for partition or for the foreclosure of mortgages set up by the defendants, and not an action to recover possession of land. (b) Because, it is submitted, that James Powell not being an original defendant in the case, and coming into the action…
1Opinion of the Court
The opinion of the court was delivered by
Me. Chief Justice MoIver.
This being the second appeal in this case, reference must be had to the former decision, in 40 S. C., 457, for a detailed statement of the facts. After that decision was rendered and the remittitur sent down to the Circuit Court, his honor, Judge Norton, rendered a judgment in conformity to the views announced in the opinion of the Supreme Court, which concludes with these words: “This decree is without prejudice to the rights of any party as to costs,” which must be construed as meaning, except with regard to the costs of the…
2Cited by1 opinion
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