Winsmith v. Dewberry

Citations

• 14 S.C. 554
• 1881 S.C. LEXIS 23

Syllabus

<p>1. Appeal was dismissed and order afterwards obtained in the Circuit Court for leave to enter up judgment for costs of appeal; meantime the fee-bill was amended. Held, that the costs were properly taxed under the fee-bill in force at the time the appeal was dismissed.</p> <p>2. Proof of service and mileage by a witness, certified by a notary public, but not signed by the witness, is sufficient proof for clerk to act upon, in the absence of evidence to the contrary.</p> <p>3. In action against a sheriff to recover cotton seized as the property of a third person, under an agricultural lien, the lienee is entitled to his costs as a witness against the plaintiff, who failed in his action.</p>