Kapp v. Loyns
Supreme Court of South Carolina
Before Wallace,. J., Darlington, March, 1879. Action commenced in January, 1874, by Kapp & Rothschild against A. W. Loyns to recover $201.37, the price of goods-sold and delivered. Defence was failure of consideration. Verdict was rendered October, 1874, in favor of plaintiff for $24. Plaintiff demanded a taxation of costs in his favor, by the clerk of the court, which, being refused, he obtained a rule, March, 1879, against the clerk.
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Before Wallace,. J., Darlington, March, 1879. Action commenced in January, 1874, by Kapp & Rothschild against A. W. Loyns to recover $201.37, the price of goods-sold and delivered. Defence was failure of consideration. Verdict was rendered October, 1874, in favor of plaintiff for $24. Plaintiff demanded a taxation of costs in his favor, by the clerk of the court, which, being refused, he obtained a rule, March, 1879, against the clerk. The clerk made return that, in his opinion, the plaintiffs were not entitled to costs, but that-the defendant was. The Circuit judge sustained the clerk and…
1Opinion of the Court
The opinion of the court was delivered by
Willaed, C. J.
This is an action for the recovery of money upon an account for goods-and merchandise sold and delivered, commenced January, 1874. A verdict was rendered at October Term, 1874, for $24. A question arose as to the right of the plaintiff to costs that was not disposed of until 1879. In the meantime an amendment of the code was passed that materially affected the rule of costs in a case of this character. The first question to be considered is, whether the right of the parties to costs is to be tested by the law as it stood at the time the…
2Cases cited2 opinions
- Moore v. WesterveltThe Superior Court of New York City · 1857
- Scudder v. GoriThe Superior Court of New York City · 1864