Bolton v. Hendrix
Supreme Court of South Carolina
Before Watts, J., November term, 1906, and Kutjgh, J., March, 190'8. Action by Martha E. Bolton against James A. Hendrix et al From judgment for plaintiff, and order reversing taxation of costs, defendants appeal. cite: Actual damages not recoverable in this action, except on proof of wilful tort: 61 S. C., 170 ; 78 S. C., 419; 80 S. C., 47. Costs should not exceed amount of recovery: Code 1902, 3096. cites: Plaintiff entitled to actual damages: 'Code of Proc., 186a; 60 S.…
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Before Watts, J., November term, 1906, and Kutjgh, J., March, 190'8. Action by Martha E. Bolton against James A. Hendrix et al From judgment for plaintiff, and order reversing taxation of costs, defendants appeal. cite: Actual damages not recoverable in this action, except on proof of wilful tort: 61 S. C., 170 ; 78 S. C., 419; 80 S. C., 47. Costs should not exceed amount of recovery: Code 1902, 3096. cites: Plaintiff entitled to actual damages: 'Code of Proc., 186a; 60 S. C., 48; 61 S. C., 170; 64 S. C., 104; 65 S- C., 125; 72 S. C., 257: 73 S. C., 271. Plaintiff is entitled to full costs:…
1Opinion of the Court
The opinion of the Court was delivered by •
Mr. Chief Justice Jones.
This was an action for malicious trespass by defendant upon real estate of plaintiff, by wilfully cutting down and removing a pine tree. On the trial, before Judge Watts, the jury found a verdict in favor of plaintiff for five dollars.
The clerk taxed the .costs at five dollars, and, on appeal therefrom, Judge Klugh ordered full costs to be taxed. This- appeal is from the judgment on verdict upon exceptions to the charge of Judge Watts, and also from the order of taxation of costs by Judge Klugh.
1 The exceptions to the charge…
2Cases cited2 opinions
- Baldwin v. Postal Telegraph Cable Co.Supreme Court of South Carolina · 1907
- Wood v. Pacolet Mfg. Co.Supreme Court of South Carolina · 1908