Court of Appeals of South Carolina, 1838

Ex parte Foster

Ex parte Foster
Court of Appeals of South Carolina · Decided December 15, 1838 · Chancellors, Curia, Dunkin, Harper, Johnson, Johnston
14 S.C. Eq. 17

Ex parte Foster

Opinion of the Court

Curia, per Dunkin, Ch.

After the decree establishing the rights of Jordon Baily and wife, the duty of the court was rather ministerial than judicial. The report of the commissioner verified the authority of the petitioner from Baily and wife, to receive the fund, and it would be altogether irregular to permit an informal application of this character to arrest the execution of the decree.

The appeal is dismissed.

Johnson, Harper and J. Johnston, Chancellors, concurred.

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