Legal Opinion

State v. . Horne

Supreme Court of North Carolina

Decided September 5, 1896PublishedCited by 13 opinions

The defendant having been couvicted oímueder at October Term, 1894, of RobesoN Superior Court, appealed and was granted a new trial. After several continuances, he was again tried and acquitted at April Term, 1896, of the Criminal Circuit Court of RobesoN County.

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The defendant having been couvicted oímueder at October Term, 1894, of RobesoN Superior Court, appealed and was granted a new trial. After several continuances, he was again tried and acquitted at April Term, 1896, of the Criminal Circuit Court of RobesoN County. At July Term, 1896, his Honor Meares, J., taxed the costs of the defendants’ witnesses for the term at which he had been convicted as well as for the teriná at which the continuances had been granted, and the Board of County Commissioners appealed.

1Opinion of the Court

Clark, J. :

The objection that this appeal does not lie because only a matter of costs isinvolved, is founded upon a misconception of the decisions. When the subject matter of an action has been disposed of by compromise, destruction of the property, or otherwise, this Couit on appeal will not pass upon the merits of the original matter in litigation to ascertain which side in law -ought to have won, in order merely to decide who shall pay the costs, for the Court will not waste its time upon an abstract question. Clark’s Code, p. 560 (2d Ed.) But when the question is whether a particular item…

2Cases cited5 opinions

  1. State v. . ByrdSupreme Court of North Carolina · 1885
  2. State v. . MasseySupreme Court of North Carolina · 1889
  3. Elliott v. . TysonSupreme Court of North Carolina · 1895
  4. State Ex Rel. Blount v. SimmonsSupreme Court of North Carolina · 1896
  5. Morristown Mills Co. v. LytleSupreme Court of North Carolina · 1896

3Cited by13 opinions

  1. Wikel v. Board of CommissionersSupreme Court of North Carolina · 1897
  2. Williams v. HughesSupreme Court of North Carolina · 1905
  3. State v. . PasleySupreme Court of North Carolina · 1920
  4. Pearson v. QuinnSupreme Court of Arkansas · 1914
  5. State Ex Rel. Herring v. PughSupreme Court of North Carolina · 1899

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