¶1declared the resolution of the whole court. The preface, to the execution on summary process, cannot be con* sidered as the judgment of the court, but only the recital thereof. The minute of the judgment, or decree, made at the time that it is given in court, is the record of such judgment or decree, and though brief, and informal, is a sufficient record to authorize the issuing of execution thereon ; and of course sufficient to support a sei. fa., to shew cause why execution should not issue thereon. The judgment of the District Court, on the plea of mil tiel record, was therefore right. But the decision, on thq question of costs, was incorrect. It is unnecessary to declare, on a summary process, set. fa. The sci. fa. to revive execution on sci. fa., need not be in the common formal mode, but may be short and substantia], by way of petition and process, and the defendant may be required to answer to it as a summary process. Therefore motion granted as to the costs.
4 S.C.L. 183
Cash v. Lyle
Supreme Court of South Carolina
Decided April 15, 1807
Supreme Court of South Carolina · decided 1807-04-15
Sci. fa., to revive a judgment recovered on a summary process, in Darlington district, before Brevard, J. Defendant pleaded nul tiel record, and upon inspection of the record, the court.gave judgment for the plaintiff. The defendant moved that plaintiff should be allowed the costs of a summary process, and not full costs, for declaring. But the court overruled this motion.
Decided 1807-04-15