Briggs v. Cottrell

Decided November 15, 1849

Court of Appeals of South Carolina · decided 1849-11-15

<p>Tire Act. of 1847, which extends to four years the time in which a magistrate’s execution may be levied without renewal, held to be prospective, and not to embrace executions which were issued before it was passed.</p>

Decided 1849-11-15

Curia, per Wardlaw, J.

¶1Under the Act of 1839, a magistrate’s execution might be levied within one year from its date, and not afterwards, unless it was renewed.

¶2_ The Act of 1847 provides that “ from and after the passing of this Act, any execution lawfully issued by any mag-*strate this State) may be levied at any time within four years from the date thereof, and not afterwards, unless renewed,” &c. This court agrees that the meaning of this is as if it had been written, any execution hereafter lawfully issued, &c. may be levied, Spc.

¶3The motion is dismissed.

¶4The whole Court concurred.

¶5Motion refused,