The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-23
CODE OF PROOEDURE-- Continued.
TITLE XT


CHAP. II. Appeals to the Supreme
Court.
CHAP. III. Appeal to the Circuit Court
from an inferior Court
CHAPTER I.
APPEALS IN GENERAL.
SECTION $40. Writs of error abolished,
and appeals substituted.
SEC. $50 Orders made out of Court,
how vacated or modified
SEC. 351. Who may appeal.
SEC. 352 Parties, how designated Oh
appeal.
SEQ. 353. Appeal, how made.
SEC. 354 Clerk to transmit papers to
Appellate Court.
SEQ. 355: intermediate orders affect
ing the judgment may be reviewed on
the appeal from the judgment.
SEQ. 356. Judgment on appeal.
SEC. 357. Time for appealing.
SEQ. 349. Writs Of error in civil and
criminal actions, as they have hereto
fore existed, are abolished; and the only
mode of reviewing judgment or order
in civil or criminal action shall be that
prescribed by this title.
SEC. $50. An order made out of Court
without notice to the adverse party, may
be vacated or modified, without notice,
by the Judge who made it, or may be
vacated or modified on notice, in the
manner in which other motions are
made.
SEC. 351. Any party nggrieved may
appeal in the cases prescribed in this
SEQ. 352. The party appealing shall
be known as tho appellant, and the ad-
verse party rs the respondent But the
title of the action shall not bo changed
i'll consequence Of the appeal.
SEC. 353. (1.) Anappeal must be made
by the service of q notice, in writing, on
the adverse party, and on the clerk with
whom the judgment or order appealed
from is entered, stating the appeal from
the samo or some specified part thereof.
(2.) When party shall give, in good
faith, notice Of appeal from judgment
or order, and shall omit, through mis-
take, to do any other act necessary to
perfect the appeal or to stay proceed
ings, the court may permit an amend
ment on such terms as may be Just
Sec. 354. If the appellant shall not,
within twenty days after his appeal is
perfected, cause a certified copy of the
notice OF appeal and of the judgment
roll. or, if tho appeal be from an order
or any part thereof, n certified copy of
such order, and the papers upon which
the order was granted, to be transmitted
to the Appellate Court by the clerk with
whom the notice Of appeal is fled, the
respondent may cause such certified
copy to be transmitted by such clerk to
the Appellate Court, and recover the ex-
penses thereof, as q disbursement on
such appeal, in case the judgment or or
der appealed from shall be in whole or
in part affirmed; and this provision shall
apply to all appeals heretofore taken,
where the appeal has not been dismissed
in the manner provided by tho rules of
the Appellate Court.
SEC. 300. Upon an appeal from judg-
ment, the Court may review any inter
mediate order involving the merits and
necessarily affecting the judgment
SEC. 3oG. Upon al appeal from n judg
mcnt or order, the Appellate Court may
reverse, affirm, or modify the Judgment
or order appealed from, in the respect
mentioned III the notice OF appeal, and
as to any or all of tho parties, and may
II necessary or proper, order n new trial.
When the Judgment is reversed or modi-
fed, the Appellate Court may mako com
plete restitution Of all property and
rights lost by the erroneous Judgment.
SEC. 337. The appeal to the Supreme
Court under subdivision two of section
eleven Of this Code, must be taken with
i'll sixty days after written notice of the
order shall have been given to the party
appealing; every other appeal allowed
by the second chapter of this title must
be taken within two years after the jndg-
ment shall be perfected hy filing the
judgmcnt-roll.
CHAPTER II.
ApPEALs TO THE SUPREME COURT
SECTION 35S. Appeal. in what cases
SEC 800. On appeal security mnst be
given or deposit made, unless waived.
SEC. 3G0. On Judgment for money,
security to stay execution. New under.
taking on sureties in the first becoming
insolvent.
SEC. 361. Ii judgment be to dolivcl
document or personal property, it must
be deposited or security given.
SEC. 1862. If judgment be 10 execute
conveyance, it must be executed and do
posted.
Sec. 3G3. Security where judgment i,
to deliver real property or for sale O.
mortgaged premises.
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