Green v. Anderson Co.
Supreme Court of South Carolina
Before Gage, J., Anderson, August', 1899. Claim for costs on magistrate’s warrants by Nelson R. Green, sheriff, agains-t Anderson County. From order on Circuit, defendant appeals. cites: As to costs: 10 S. C, 40; 27 S. C., 15; 42 S. C, 526; 40 S.-C, 4471 54 S. G, 536; Rev. Stat., 2561. Constable allowed no costs for search: Rev. Stat., 2562. Constable's can charge only necessary miles travelled: Rev. Stat., 2562, 2561.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is a submission of a controversy without action for the purpose of determining the right of the sheriff of Anderson County to certain costs claimed by him for executing papers lodged with him by a magistrate. The first question presented here is whether the Circuit Court erred in allowing the sheriff fifty cents and mileage for each search made for .a defendánt on a warrant issued by a magistrate.
*4121 *411We think the Court erred. 'Costs- are purely statutory, and the claimant must point to the statute conferring the right thereto.…
2Cited by4 opinions
- Setzer v. OdomSupreme Court of South Carolina · 1934
- South Carolina Public Service Authority v. Spearwant Liquidating Co.Supreme Court of South Carolina · 1942
- Acker v. Anderson CountySupreme Court of South Carolina · 1907
- State v. Wilder, Clerk of CourtSupreme Court of South Carolina · 1941