Hyman v. . Devereux
Supreme Court of North Carolina
Motion for taxing costs heard before Watts, J. at Spring Term, 1871, of Halifax Superior Court. The plaintiff had obtained an injunction against the defendant in a suit theretofore pending in the .Superior Court oí Halifax County; and afterwards in the Supreme Court of this State, vide Hyman v. JDevereux, 63 N. C. 62i, there was a judgment for a dissolution of the injunction.
Read the full summary
Motion for taxing costs heard before Watts, J. at Spring Term, 1871, of Halifax Superior Court. The plaintiff had obtained an injunction against the defendant in a suit theretofore pending in the .Superior Court oí Halifax County; and afterwards in the Supreme Court of this State, vide Hyman v. JDevereux, 63 N. C. 62i, there was a judgment for a dissolution of the injunction. In the Superior-Court of Halifax a motion was made that judgment be granted on the injunction bond of plaintiff for the damages sustained by the defendant, by reason of the injunction. The parties agreed that the only…
1Opinion of the CourtRodman, J.
The first objection of the claim of the defendant, is that the referee, Mr. Moore, has found, as a matter of fact, that the fees paid to his counsel were not paid in consequence of the injunction, but to resist the claims of the plaintiff in the action generally. This finding is approved by the Judge, and is not open to review in this Court, unless we can say that his Honor erred in law in not holding that all the fees paid to counsel by the defendant in the cause were the legal and necessary consequence of the injunction, which, in this case, we could not do.
But the referee has not said that…
2Cases cited1 opinion
- Hyman v. . Devereux and OthersSupreme Court of North Carolina · 1869
3Cited by9 opinions
- Wachovia Bank & Trust Co. v. SchneiderSupreme Court of North Carolina · 1952
- Parker v. Mecklenburg Realty & InsuranceSupreme Court of North Carolina · 1928
- S. Marsh & Co. v. CohenSupreme Court of North Carolina · 1873
- Cooper v. MiddletonSupreme Court of North Carolina · 1886
- In Re Will of HowellSupreme Court of North Carolina · 1933
4 more not listed; retrieve them via the Exa API.