3 S.C.L. 480
Supreme Court of South Carolina
Decided April 15, 1805
Supreme Court of South Carolina · decided 1805-04-15
Sum. Process on a note of hand, brought before Wilds, J. in the district of Fairfield. It appeared, that prior to the cause being brought before the court for trial, the defendant had confessed a judgment for the sum due, according to the note, with interest, but no judgment had been entered up thereon ; and, that the defendant had, afterwards, paid the plaintiff the said sum so confessed, and took his receipt for the same, as in full for the debt in the said case.
Decided 1805-04-15
¶1dissented. He was of opinion, that as the costs might have been claimed by the plaintiff, when he received the money in Satisfaction of the debt, and did not, probably from inattention, without any thought that he could not afterwards exact them from the defendant, before the process would be dismissed, he was, there, fore, intitled to a decree for the costs only; the debt being before ■satisfied. ■
¶2Motion dismissed.