When a judgment is rendered by a magistrates court, by the governing body of a county or by any other inferior court or jurisdiction, save the probate court, the appeal shall be to the circuit court of the county wherein the judgment was rendered and shall amount to a supersedeas if the party against whom judgment is rendered shall execute a good and sufficient bond with surety to pay the amount of the judgment and costs in the event that he fail to sustain such appeal. And in all cases in which such bond with surety shall be filed no executions shall issue until the termination of such appeal. Provided, that in any county in which a county court exists, appeals in such cases, except those from the probate courts and those that exceed the jurisdictional amounts of the respective county courts, shall be to the county court of the county.
HISTORY: 1962 Code Section 7-301; 1952 Code Section 7-301; 1942 Code Section 794; 1932 Code Section 794; Civ. P. '22 Section 659; Civ. P. '12 Section 397; Civ. P. '02 Section 358; 1870 (14) 369; 1887 (19) 832; 1937 (40) 81.
Structure South Carolina Code of Laws
Chapter 7 - Appeals To Circuit And County Courts In Other Cases
Section 18-7-10. Appeals from inferior courts; supersedeas.
Section 18-7-20. When and how appeal shall be taken.
Section 18-7-30. Contents of notice of appeal.
Section 18-7-60. Return; when and how made.
Section 18-7-70. Return; how made if magistrate is out of office.
Section 18-7-80. Return; further return when original is defective.
Section 18-7-90. Return; effect of dead, insane, or absent magistrate.
Section 18-7-100. Offer to allow revision of judgment of magistrate.
Section 18-7-110. Offer to allow judgment on appeal.
Section 18-7-130. Hearing of appeal.
Section 18-7-140. Powers of appellate court; amendment of pleadings.
Section 18-7-150. New trial below when defendant did not appear.
Section 18-7-160. Motions for new trial in appellate court; other procedural rules.
Section 18-7-170. Judgment on appeal.
Section 18-7-180. Judgment on appeal; appeals on errors in fact.
Section 18-7-190. Judgment on appeal; appeals on issue of law.
Section 18-7-200. Procedure upon reversal of judgment already paid.
Section 18-7-210. Judgment roll.
Section 18-7-220. Costs on appeal.
Section 18-7-230. Effect of failure to state error in judgment below on award of costs.
Section 18-7-240. Costs when appellant gains less than ten dollars by appeal.
Section 18-7-250. Effect of rejection of offer under Section 18-7-100 on award of costs.
Section 18-7-260. Effect of rejection of offer under Section 18-7-110 on award of costs.
Section 18-7-270. When award of costs is in discretion of court.
Section 18-7-280. Award of costs when appeal is dismissed for want of prosecution.
Section 18-7-290. Award of costs to appellant shall include costs below.