Supreme Court of South Carolina, 1909

Small v. Usher

Small v. Usher
Supreme Court of South Carolina · Decided June 11, 1909 · Gary
65 S.E. 1103; 83 S.C. 39; 1909 S.C. LEXIS 208 (South Eastern Reporter)

Counsel

Messrs. B.B. Allison and R.E. Wylie , for appellant. Messrs. John T. Green and Harry Hines , contra.

Small v. Usher

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

Upon consideration of the exceptions herein, we are of the opinion that the judgment of the Circuit Court should be modified, so as to .charge the share of Mrs. Eliza J. Usher with $92.20 and interest from July 8, 1904, being the amount of Supreme Court costs and disbursements in Ex parte Small, 69 S. C., 43, 48 S. E., 40; and should be further modified so as to allow the administratrix, Emma A. Small, to retain in her hands a sum sufficient to pay the costs and fees incident to her final return and discharge as administratrix; and that in all other respects the judgment of the Circuit Court should be affirmed for the reasons therein stated, and such is the judgment of this Court.

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