Ex Parte Coleman

Supreme Court of South Carolina March 22, 1921

Ex Parte Coleman, 106 S.E. 572 (S.C. 1921)

115 S.C. 515; 1921 S.C. LEXIS 33

Watts

Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice AVatts.

This is the third appeal in this cause. This is an appeal from an order of his Honor, Judge Sease, sustaining an order of Probate Judge A¥.' W. Johnson, wherein interest was allowed on attorneys’ fee, due to AVallace & Barron and Geo. S. Mower, Esqs. The exceptions must be sustained. There was no entry and enrollment of the judgment, as the law provides for, so to make it a money judgment. “A decretal order upon which an execution may be taken out is a final decree.” Haskell v. Raoul, 1 McCord, Eq. 32. “It must be a decree upon which an execution could be issued.” Ex parte Farrars in re Garrett v. Dial, 13 S. C. 254.

Exceptions sustained, and order appealed from reversed.

Reference

Full Case Name: Ex Parte Coleman Et Al. Petition of Wallace & Barron Et Al.
Status: Published
Syllabus: Interest — Interest Not Allowable on Judgment For Counsel Fees Not Entered. — Where a judgment for attorney’s fees was not entered and enrolled as the law provides, so as to make it a money judgment, and was not a decretal order upon which an execution could issue, interest may not be allowed theron.