¶1The law authorizing the appointment of surveyors, in cases to try titles to land, says, the surveyor shall give in his re-' turn, on oath, at the next court; but makes no requisition for his attendance afterwards. Therefore, in such cases, as in all others, if the party wishes the surveyor to attend the succeeding courts, he ought to have him under subpoena, otherwise he cannot claim costs for his attendance. I am, therefore, against the rule-
5 S.C.L. 405
Nicklin v. Morrow
Supreme Court of South Carolina
Decided November 15, 1814
Supreme Court of South Carolina · decided 1814-11-15
The plaintiffs had commenced a large number of actions of trespass to try titles, and Hugh Morrow had been nominated surveyor, on the part of the several defendants. The plaiutiffg had discontinued their suits ; and for the surveyor; the clerk had taxed costs in each case for his services as surveyor, and for each day that he had attended court, although he had attended without any subpoena.
Decided 1814-11-15