People's Bank v. Aetna Ins. Co.
U.S. Circuit Court for the District of South Carolina
1Opinion of the Court
SIMONTON, Circuit Judge.
At the trial of this case, an action at law, the defendant obtained judgment against the plaintiff. This judgment, by the law of South Carolina, covered the costs of the case, and entitled the defendant to recover them from the plaintiff. Code S. C. § 323; Shuford v. Shingler, 30 S. C. 612, 8 S. E. 799. . These costs are in the nature of damages. Kapp v. Loyns, 13 S. C. 288. And in them are always included the costs paid by the party to his own witnesses. For these costs the losing party is in no sense liable until and because he has lost his case. The defendant…
2Cases cited7 opinions
- Chew Heong v. United StatesSupreme Court of the United States · 1884
- Washington & Georgetown Railroad v. Harmon's AdministratorSupreme Court of the United States · 1893
- National Bank of the Commonwealth v. Mechanics' National BankSupreme Court of the United States · 1877
- United States v. GearSupreme Court of the United States · 1845
- Perkins v. FourniquetSupreme Court of the United States · 1853
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3Cited by1 opinion
- Davis v. Fidelity & Deposit Co.Court of Appeals for the D.C. Circuit · 1934