Dubois v. Thomas

Citations

• 14 S.C. 30
• 1880 S.C. LEXIS 96

Syllabus

<p>1. The Court of Common 'Pleas in virtue of its general authority, possesses the power of substituting new records, including judgments, in the place of originals lost or destroyed.</p> <p>2. The act of assembly entitled “ An act to provide a mode by which to prepetuate testimony in relation to deeds, wills, dioses in action, other papers and records destroyed or lost during the recent war,” approved December 21st, 1865, neither took away nor suspended the ordinary power of the Court of Common Pleas in such cases.</p> <p>3. The act of 1871 which renews and extends this act of 1865, until February 11th, 1876, Was not intended to deny to the courts, after the limited date, the remedy provided by the act of 1865.</p>