Legal Opinion

Cunningham v. Cauthen

Supreme Court of South Carolina

Decided July 16, 1896PublishedCited by 7 opinions

Action by William J. Cunningham, Thornwell K. Cunningham, Beauregard Cunningham, Robert T. Dunlap, et al. against Rewis J. Cauthen, as administrator of Andrew J. Kibler. The questions on appeal are stated in the following decree: Under the decree and orders of the Court herein, the clerk of this Court proceeded to tax the costs and disbursements of the plaintiffs in this action, and entered the same in the judgement in favor of the plaintiffs and against the defendant.

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Action by William J. Cunningham, Thornwell K. Cunningham, Beauregard Cunningham, Robert T. Dunlap, et al. against Rewis J. Cauthen, as administrator of Andrew J. Kibler. The questions on appeal are stated in the following decree: Under the decree and orders of the Court herein, the clerk of this Court proceeded to tax the costs and disbursements of the plaintiffs in this action, and entered the same in the judgement in favor of the plaintiffs and against the defendant. Both the plaintiffs and the defendant gave notice of motions to be made before the Court to correct the taxation of the costs…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice McIver.

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…

2Cited by7 opinions

  1. Glover v. StateCourt of Appeals of Georgia · 1914
  2. Cauthen v. CauthenSupreme Court of South Carolina · 1908
  3. Ex Parte Miller, State Bd. of Bk. ControlSupreme Court of South Carolina · 1939
  4. Barfield v. StateCourt of Appeals of Georgia · 1953
  5. Heath v. Town of DarlingtonSupreme Court of South Carolina · 1935

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