Lewis v. Hinson

Citations

• 57 S.C. 193
• 35 S.E. 519
• 1900 S.C. LEXIS 34

Syllabus

<p>1. Costs — Second Action — Read Property. — A plaintiff paying the costs of a suit for possession of land as regularly taxed by the Clerk, has paid all costs required by law to be paid before bringing a second action, whether such taxation includes all or not.</p> <p>2. Ibid.' — Witnesses.—Fees of witnesses of losing party are not strictly costs but disbursements, and are not a part of the costs, to be paid by a plaintiff before bringing a second action for recovery of land.</p> <p>3. Ibid. — Juries and Jury Triads. — Whether the costs of a first action for land has been paid before bringing second action, is properly triable by a jury, and findings by Circuit Judge on motion heard by consent to dismiss for this reason, are not reviewable on appeal.</p>