Elliott v. . Tyson

Clark, J.:

As a general rule tbis Court will not bear an appeal when the only matter to be decided is the disposition of the costs. Russell v. Campbell, 112 N. C., 404, and cases there cited; Futrell v. Deans, 116 N. C., 38. This is especially so when the subject matter in dispute has been settled or destroyed and the only matter left to be passed upon is the adjudication of the costs by the court below. Clark's Code (2nd Ed.) p. 560. There are exceptions, among them the liability of a prosecutor for costs in a criminal action, State v. Byrd, 93 N. C., 624, and where the very question at issue…