Chester County v. Hemphill

Citations

• 29 S.C. 584
• 8 S.E. 195
• 1888 S.C. LEXIS 168

Syllabus

<p>1. A cause of action stated and defined.</p> <p>2. Eor failure on the part of the Clerk of Court to enrol and index judgments and decrees in the Courts of General Sessions and Common Pleas, for which services he charged and received the usual foes, the county may maintain an action on his official bond and recover judgment for the penalty, the damages sustained to be thereafter assessed. The county would certainly be entitled to recover the fees paid by it in criminal cases for services not rendered.</p> <p>3. An allegation that defendant had failed to enrol and index 386 criminal eases for which he had been paid, and the plaintiff had suffered great loss thereby, was a sufficient allegation that plaintiff had paid this money — especially as further proof of actual damage is necessary under the judgment to be entered for the penalty.</p>