State v. . Tyler
Supreme Court of North Carolina
IndictMBNt for larceny, tried at May Term, 1881, of New Hanover; Criminal Court, before Meares, J. The question in this case is one of costs arising between the solicitor for the state and the defendants who were indicted in two counts, one for larceny and the other for receiving stolen goods. There was a general verdict of guilty, and judgment was suspended upon payment of costs.
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IndictMBNt for larceny, tried at May Term, 1881, of New Hanover; Criminal Court, before Meares, J. The question in this case is one of costs arising between the solicitor for the state and the defendants who were indicted in two counts, one for larceny and the other for receiving stolen goods. There was a general verdict of guilty, and judgment was suspended upon payment of costs. After the verdict, the clerk of the court, at the suggestion of the solicitor, taxed a fee of ten dollars for the solicitor against each defendant. The defendants then moved to re-tax the bill of costs on the ground…
1Opinion of the CourtAsi-ie, J.
As this is a question of costs that may arise again on some of the circuits, we proceed to consider it, without conceding the right of the solicitor to appeal in sucha case, and without regarding the maxim, “ lex non curat de minimis.” We are of the opinion the costs in respect to the fees of the solicitor were properly taxed under the ruling of his Plonor. He is only entitled to a fee of four dollars for each of the defendants. The appellant insists that under the first section of chapter 170, of the acts of 1873-74, he is entitled by a proper construction of that act, to a fee of ten…
2Cases cited1 opinion
- State v. . GastonSupreme Court of North Carolina · 1875
3Cited by9 opinions
- Guilford v. . Georgia Co.Supreme Court of North Carolina · 1891
- State v. BennettSupreme Court of North Carolina · 1953
- State v. . LockyearSupreme Court of North Carolina · 1886
- State v. . PowellSupreme Court of North Carolina · 1882
- State v. . StroudSupreme Court of North Carolina · 1886
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