Pringle v. Sizer
Citation | 7 S.C. 131 |
Parties | PRINGLE v. SIZER. |
Decision Date | 15 March 1876 |
Court | South Carolina Supreme Court |
Where there are several orders of the Circuit Court and a party appeals from later orders, leaving the first unaffected by his appeal, he is assumed to admit its correctness, and cannot, after the appeal is decided, go back to the first order and make that the subject of another appeal.
BEFORE MACKEY, J., AT LANCASTER, MARCH TERM, 1875.
After the decision of the Supreme Court at April Term, 1870 (reported 2 S. C., 64,) His Honor Judge Thomas, on October 11th, 1870, made the following order:
Four other orders were afterwards made in the cause-from the two last, two of which dated one February 28, and the other May 22, 1874, an appeal was taken by Thomas H. Croft representing the firm of Chafee, St. Amand & Croft. The appeal was heard in December, 1874, and the decision filed February 28, 1875. It is as follows:
The principal case was heard at April Term, 1870. Its judgment was the law of it. If the firm represented by Chafee, one of the plaintiffs, lost the benefits to which it was thereunder entitled, it was through its acquiescence in the order made by Judge Thomas on the 11th of October, 1870. Its failure to carry out the decree of this Court was too apparent to be mistaken, and yet no appeal was taken to correct the error.-See Pringle vs. Sizer , 3 S. C 337. The enforcement of the decree, by the very terms of it, depended on the action of the firm-the party having the real interest-and if it has lost any benefit which it might have derived from it, the result has been the consequence of its own inaction.
If the order of Judge Thomas, not corrected because of the default of the party now complaining, until reversed remains of force, all the subsequent orders made by the Circuit Judge are irregular and must be set aside. We, too, are estopped from interposing by its existing force and effect, no appeal having been taken from it.
A remittitur of the Court, dated March 4, 1875, was sent by the Clerk to the Circuit Court, and thereupon the following order, dated March 11, 1875, was made by His Honor Judge Mackey:
Thomas H. Croft then gave notice of appeal from the orders above recited. The grounds of appeal from the order of Judge Thomas are as follows:...
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