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· 7/16/1896

Ex rel. Bartless v. Beaufort

Citations

  • 47 S.C. 225
  • 25 S.E. 38
  • 1896 S.C. LEXIS 98

Syllabus

<p>'1. Costs — Appeai,—Prohibition.—Under act of 1882, 17'Stat., 1063 (Rev. Stat., 2551), the attorney of the prevailing party on appeal to this Court in a case in prohibition, is entitled to tax costs on appeal, in all cases commenced before act of 1892, 21 Stat., 30.</p> <p>2. Appeai, — Costs—21 Stat., 30. — The appeal in this case comes within the purview of the act of 1892, 21 Stat., 30, because the original proceeding was commenced before passage of that act, and the appeal with reference to costs is not a new proceeding, but only one of the steps incident to the original proceeding.</p>

Judges: Aldrich, Beaufort, McIver

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