Bright v. . Sugg
Supreme Court of North Carolina
This action was originally commenced by a warrant, and came to the County court of Montgomery on the appeal of the plaintiff. The plaintiff having succeeded in the County court, the defendant appealed to the Superior court, when, at the Spring term 1833, the judgment was affirmed, and execution issued for the amount of the verdict, and the costs of both court.
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This action was originally commenced by a warrant, and came to the County court of Montgomery on the appeal of the plaintiff. The plaintiff having succeeded in the County court, the defendant appealed to the Superior court, when, at the Spring term 1833, the judgment was affirmed, and execution issued for the amount of the verdict, and the costs of both court. At Montgomery, on the last Fall circuit, before Strange Judge, the defendant moved to set aside the execution, because it had issued for all the costs, without a judgment therefore having been entered at the trial term. On the other…
1Opinion of the Court
Da Nieu, Judge.
The question in the case is, whether the defendant can be subject to the cost of the plain tiff, by a judgment entered of record, on motion, at a term different from that at which the verdict was rendered.
The defendant contends that as the plaintiff appealed from the judgment of a Justice-of the peace, the Superior court had not the-power to order tiie defendant to pay the cost,unless the order was made at the term, the cause was tried in the appellate court. The defendant says that no such judgment was rendered and recorded at the time the cause was tried, which was at Spring…
2Cited by6 opinions
- Ferrell v. . HalesSupreme Court of North Carolina · 1896
- Pfeifer v. Love's Drug Co.Supreme Court of North Carolina · 1916
- Roberts v. Roberts.Supreme Court of North Carolina · 1906
- Labarbe v. . IngleSupreme Court of North Carolina · 1931
- Cannon v. . BeemerSupreme Court of North Carolina · 1832
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