¶1The law, authorising the appointment of surveyors, in cases to try titles to land, says the surveyor shall give in his return 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 sub*475poena, otherwise he cannot claim costs for his attendance. I am, therefore, against the rule.
6 S.C.L. 474
Nicklin v. Morrow
Supreme Court of South Carolina
Decided November 15, 1814
Supreme Court of South Carolina · decided 1814-11-15
Columbia, November Term, 1814. The plaintiffs h;id commenced a large number of actions of trespass to try titles, and Hugh Morrow been nominated surveyor on the part of the seveial defendants. The plaintiffs had discontinued their suits: and for the surveyor, tlie clerk had . . taxed costs in each case for his services as surveyor, and for each day that, he had attended court, altbough he had attended without any subpoena.
Decided 1814-11-15