¶1were clearly of opinion that there was no good reason why the defendant, under the circumstances of the case, ought to pay the costs of the continuance; and granted the motion.
4 S.C.L. 35
Gourdine v. Theus
Supreme Court of South Carolina
Decided January 15, 1806
Supreme Court of South Carolina · decided 1806-01-15
Motion to set aside an order of Johnson, J,, in Charleston district. Plaintiff had succeeded on a motion for a new trial, and in the district court, before the new trial came on, defendant moved for a rule of survey; in the same term, the cause was called for trial, being the first term after the new trial was granted. The resurvey not being made and returned when the cause was called, a postponement of the cause was moved for until a resurvey should be made.
Decided 1806-01-15