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22 S.C.L. 253

Collins v. Brown

Court of Appeals of South Carolina

Decided February 14, 1837

Court of Appeals of South Carolina · decided 1837-02-14

This was an appeal to the Recorder, from the decision of the judicial magistrate whose report of the case is as follows : This was an. action brought upon an instrument, purporting to be a promissory note, for $13.

Decided 1837-02-14

Mr. Justice O'Neall

¶1delivered the opinion of the court.

¶2In this case we concur in the judgment of the Recorder, in all respects, except as to the allowance of the interest complained of hi the 5th ground : the error in this respect, is, we are well aware, the consequence of the addition of interest being hastily called for, and the objection to its allowance not being presented to the intelli" gent and well balanced mind deciding the case.

¶3The jurisdiction of the City Court, in this matter, is entirely appellate. The justices’ jurisdiction is exclusive in matters of contract, as far as twenty dollars. From his judgment, an appeal lies ; but, if on hearing the appeal, his decision is found to be correct, it is his judgment, and not that of the City Court,, which is to be enforced. If incorrect, the justice’s judgment may be reversed, and a new trial ordered.

¶4The motion is, therefore, granted so far as to disallow the interest directed by the Recorder, to be added to the justice’s judgment, which is now entirely affirmed.

¶5JOHN B. O’NEALL.

¶6We concur,

RICHARD GANTT,J. S. RICHARDSON,JOSIAII J. EVANS,A. P. BUTLER.
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