Stephens v. Ligon

Decided November 15, 1824

Supreme Court of South Carolina · decided 1824-11-15

In this case, plaintiff Stephens, had brought an action of ■trespass and false imprisonment against the defendant, in his capacity of a justice of the peace. Op. the trial of the causey the verdict was for the defendant; who entered up his judgment for double costs, and issued execution thereon, la taxing the costs, the clerk adhercd.to the English rule, and for double costs^. allowed only fifty per cent to be added to the usual costs.

Decided 1824-11-15

¶1The opinion of the court was delivered by

Mr. Justice Richardson.

¶2“Where a statute gives double costs,” says Bacon, (2 vol. Tit. costs, C.) they are calculated thus: — 1st, The common costs, and then half the common costs. 2nd, If treble costs. 1st, The common costs, then half of these, and then half of the latter.” Jacobs in the Law Dictionary, Tit. costs, and Tidd’s practice, 962 and 3, lay down the same rule; which is supported by the original authorities. See 2nd Stra. 1048. Smith, vs. Dunce. And as no inverate practice has existed in this state to contravene the rule laid down, it is considered as the just and legal principle, and our acts must have been passed with reference to a principle so fully established. The motion is therefore granted.'.

ColcocJc, JVott, Huger, and Johnson, Justices, concur-currcd.