Supreme Court of South Carolina, 1815

Treasurer v. Executors of Moore

Treasurer v. Executors of Moore
Supreme Court of South Carolina · Decided November 15, 1815 · Bay, Colcock, Gkimke, Nott, Smith
7 S.C.L. 755

Treasurer v. Executors of Moore

Opinion of the Court

Colcock, J.

I am in favour of the motion. I think the witness should have made a return as to the duces tecum, or that part of the subpoena which required him to bring the books. I also think that a sheriff’s books are public property, and that whoever may be in possession of them, is bound to produce them, when called for by legal authority, even though as evidence against himself; nor can I conceive that there can be a doubt, but that when a sale has taken place, a sheriff, or his representatives, are bound to account for the proceeds.

Justices Gkimke, Nott, Bay and Smith concurred.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.