Ex Parte Coleman

Decided March 22, 1921

Supreme Court of South Carolina · decided 1921-03-22

Before SeasE, J., Union. Appeal from an order allowing interest on attorney's fees of AVallace & Barron and Geo. S. Mower fixed by decree of the Probate Court. cites: Attorneys’ fees do not bear interest .until reduced to judgment: 55 S. C- 322. Judgment must be, enrolled: Code Proc. 1912. Sec. 73; 1 Civ. Code. 1912, Sec. 2516. No execution could be issued: Code Proc. 1912, Sec. 75; 30 S- C. 421..

Relies on Garrett v. Dial

Reversed · Decided 1921-03-22

¶1 The opinion of the Court was delivered by

Mr. Justice AVatts.

¶2 This is the third appeal in this cause. This is an appeal from an order of his Honor, Judge Sease, sustaining an order of Probate Judge A¥.' W. Johnson, wherein interest was allowed on attorneys’ fee, due to AVallace & Barron and Geo. S. Mower, Esqs. The exceptions must be sustained. There was no entry and enrollment of the judgment, as the law provides for, so to make it a money judgment. “A decretal order upon which an execution may be taken out is a final decree.” Haskell v. Raoul, 1 McCord, Eq. 32. “It must be a decree upon which an execution could be issued.” Ex parte Farrars in re Garrett v. Dial, 13 S. C. 254.

¶3 Exceptions sustained, and order appealed from reversed.