Wooley v. . Robinson
Supreme Court of North Carolina
Motion as to the taxation of costs, heard before Shepherd, J., at a Special Term, June, 1859, of Montgomery Superior Court. The question, in this case, arose in an action of detinue, ■which was tried at this term, wherein the plaintiff, as the administrator of Sarah Robinson, sought to recover from the defendant “ five slaves,” “ six parlor chairs,” and “ one bed and furniture.”
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Motion as to the taxation of costs, heard before Shepherd, J., at a Special Term, June, 1859, of Montgomery Superior Court. The question, in this case, arose in an action of detinue, ■which was tried at this term, wherein the plaintiff, as the administrator of Sarah Robinson, sought to recover from the defendant “ five slaves,” “ six parlor chairs,” and “ one bed and furniture.” The defendant claimed the slaves as a gift from' plaintiff’s intestate, and adduced in evidence a deed of gift, which the plaintiff attacked, on the ground, that his intestate was non compos mentis. Nine witnesses…
1Opinion of the CourtManly, J.
The judgment of the Court below, is in the precise language of the statute. It is enacted (Rev. Code, ch. 31, sec. 75,) that “in all actions whatsoever, the party in whose favor judgment shall be given, or in case of nonsuit, dismission, discontinuance or stay of judgment, the defendant shall be entitled to full costs, unless where it is or may be otherwise directed by statute.” As there was a verdict and judgment below for the plaintiff, it follows that there should also be a judgment in his favor for full costs to be taxed by the clerk. Where a party is entitled to a judgment for costs, he…
2Cited by5 opinions
- Cureton v. . GarrisonSupreme Court of North Carolina · 1892
- Chadwick v. . Insurance Co.Supreme Court of North Carolina · 1912
- Kinston Cotton Mills v. Rocky Mount Hosiery Co.Supreme Court of North Carolina · 1911
- Hobbs v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909
- Beckwith, Ex ParteSupreme Court of North Carolina · 1899