Scott v. Alexander

Citations

• 23 S.C. 120
• 1885 S.C. LEXIS 84

Syllabus

<p>1. Statements of fact appearing only in the argument of counsel, and not admitted by the opposing party, cannot be here considered.</p> <p>2. Quere: Are costs in chancery cases now within the discretion of the Circuit Judge ? Code, $ 323.</p> <p>3. An appeal alleging error of law may be taken upon a question of costs in a chancery case, where the Circuit Judge did not hear the cause upon its merits, but decided only the question of costs.</p> <p>4. Where a board of aldermen have increased, and are continuing to increase, the debt of their city beyond the limit fixed by statute, and citizens institute an action to enjoin any further increase, the aldermen may be required personally to pay the costs of the action.</p> <p>5. An action having been commenced against a board of aldermen, in which there was involved but one issue, which is finally determined in the plaintiff’s favor, and afterwards this board was succeeded in office by a new board, when, by amendment, other parties were brought in and other issues wore raised and litigated, the original defendants are properly chargeable with the costs incurred in the determination of the first issue only.</p>