Cheatham v. Seawright

Citations

• 30 S.C. 101
• 8 S.E. 526
• 1889 S.C. LEXIS 71

Syllabus

<p>1. In an appeal from an order in supplementary proceedings, can this court review the findings of fact by the Circuit Judge?</p> <p>2. Sureties cannot be required, in supplementary proceedings against their principal, to turn over to a receiver, personal property put into their hands by their principal as an indemnity, until they have been relieved of their liability for him.</p> <p>3. There was no error in allowing to these sureties their fees and disbursements as witnesses, and also “a fixed sum not exceeding $30”— to wit, $10 (Code, $ 321) ; and it was not error to denominate this fixed sum, “costs.”</p> <p>4. But this order was erroneous in so far as it directed judgment to be entered and execution issued for these fees, &c., because this is not the remedy which the statute authorizes, and because this order was passed at chambers.</p>