Franks v. Ross
Supreme Court of South Carolina
Before Memminger, J., Eaurens, November, 1919. Action by John A. Franks against W. G. Ross. From order taxing costs against the defendant on the former appeal of this case (112 S. C. 163), the defendant appeals. cites: Costs are recoverable as the action may terminate: 1 Civ.
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Before Memminger, J., Eaurens, November, 1919. Action by John A. Franks against W. G. Ross. From order taxing costs against the defendant on the former appeal of this case (112 S. C. 163), the defendant appeals. cites: Costs are recoverable as the action may terminate: 1 Civ. Code, sec. 4204; 61 S. C. 75. Costs on appeal go to the prevailing party, and the party who causes the modification or reduction of the judgment is the prevailing party: 25 S. C. 246; ■45 S. C. 4; 13 S. C. 398; Rule XR Sup. Ct.; 43 S. C. 2e>2; 36 S. C. 554; 95 S. C. 218; 108 S. C. 429. Where judgment is affirmed on a…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chiee Justice Gary.
This is an appeal from an order relative to the taxation of costs. The action was commenced before a magistrate, who rendered judgment against the defendant for the sum of $75 and costs. On appeal to the Circuit Court, the judgment rendered by the magistrate was affirmed; whereupon the defendant appealed to this Court, which rendered the following judgment:
“The judgment of the Circuit Court is modified, with directions to allow judgment for $28.50 the estimated value of the acid.”
The clerk of the Circuit Court taxed the Supreme…
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