Padgett v. Cleveland

Citations

• 37 S.C. 513
• 16 S.E. 481
• 1892 S.C. LEXIS 55

Syllabus

<p>1. Costs—Equity.-—The direction of the chancellor as to costs in an equity cause is rarely disturbed.</p> <p>2. Issues.—Where a defendant-is brought in under a demand, that he account for the proceeds of sale of a chattel sold under his mortgage, and it is found that the chattel was sold for full value, and that he is not liable to account therefor, the only issue as to him-is finally determined.</p> <p>3. Costs—Reversal of Decree.—The only issue as to a defendant having been decided against him on Circuit, with the further direction, that he pay costs, and this issue being decided for him on appeal, and the Circuit decree on this point reversed, and in all other particulars affirmed, no point being raised or determined as to the costs, the direction as to the costs, being a mere incident to the matter at issue, fell with it; and an order was thereafter properly passed, awarding costs to such defendant.</p>