Young v. Cohen

Citations

• 44 S.C. 376
• 22 S.E. 409
• 1895 S.C. LEXIS 84

Syllabus

<p>1. Costs of Appeal — Prevailing Party. — Where, on appeal, a new trial is granted, unless the respondent (plaintiff) enter a remittitur for a sum stated, but if such remittitur be entered, that then the Circuit judgment so reduced be affirmed, the respondent, on entering the remittitur, becomes the prevailing party on that appeal, and, therefore, entitled to the costs of appeal, even though the amount remitted was the only error complained of by appellant, and its correction was resisted by respondent.</p>