Spring v. The South Carolina Insurance Company/Opinion of the Court

In an equity cause, the res in litigation may be sold by order of the Circuit Court, and the proceeds invested in stocks, notwithstanding the pendency of an appeal to this Court.

March 15th.

Mr. Hunt, for the respondents, moved to docket and dismiss the appeal in this case, which was a suit in Chancery, commenced in the Circuit Court of South Carolina, no transcript of the record having been lodged by the appellants with the clerk of this Court, within the first six days of the term, according to the rule.

Mr. Wheaton, for the appellants, opposed the motion, upon the ground that no certificate was produced from the clerk of the Court below, stating that an appeal had been taken, according to the rule.

The COURT denied the motion, but stated that as the object of the respondents was to have the proceeds of the property in litigation, which had been sold by order of the Court below, invested in stocks, such investment might be made by the Court below, notwithstanding the pendency of the appeal in this Court.