State v. . Ray
Supreme Court of North Carolina
Motion to tax costs, heard before Avery, Judge, at Chambers, in Morganton, on January 5th, 1886. It appears that E. W. Ray and W. A. Anderson were indicted in the Superior Court of the county of Mitchell for the crime of murder. The action was removed to the . Superior Court of the county of Caldwell for trial, which was there had. Ray was convicted of manslaughter, and Anderson of murder. Afterwards they escaped and fled the country.
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Motion to tax costs, heard before Avery, Judge, at Chambers, in Morganton, on January 5th, 1886. It appears that E. W. Ray and W. A. Anderson were indicted in the Superior Court of the county of Mitchell for the crime of murder. The action was removed to the . Superior Court of the county of Caldwell for trial, which was there had. Ray was convicted of manslaughter, and Anderson of murder. Afterwards they escaped and fled the country. The costs of the prosecution were considerable, and the convicted parties were insolvent. Parties claiming costs in the action, gave notice of a motion to be…
1Opinion of the Court
MerrimoN, J.,
(after stating the facts). It is very questionable whether any Judge could, at Chambers, and out of term time, grant a judgment like that in question here purports to be, without the consent of the parties, but we need not now decide that question, for, if he could, we think the particular Judge who undertook to grant this one had not authority to do so.
This Court takes judicial notice of the judicial districts of the State, and what counties each embraces, and also of where the several Judges of the Superior Courts are, in the course of their ridings, and in the course of the…
2Cases cited2 opinions
- Bear v. . CohenSupreme Court of North Carolina · 1871
- Corbin v. Berry & McGowanSupreme Court of North Carolina · 1880
3Cited by7 opinions
- State v. . SnowSupreme Court of North Carolina · 1895
- Hanley v. City of MedfordOregon Supreme Court · 1910
- In Re License of DelkSupreme Court of North Carolina · 1994
- Ward v. . AgrilloSupreme Court of North Carolina · 1927
- Moore v. Moore.Supreme Court of North Carolina · 1902
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