Clerk's Office v. . Huffsteller
Supreme Court of North Carolina
Rule in this Court upon the sureties of an appellant, to show cause why they shall not pay his costs, judgment having been ■rendered here in his favor. The opinion of the Court contains a sufficient statement
1Opinion of the CourtPearson, C. J.
In the ease, Hagans v. Huffsteller, 65, N. C. 443, there was judgment in favor of Huffsteller, who was the appellant. The rule is against the sureties oí Huffsteller, to show cause why they shall not pay the costs of Huffsteller in this Court, on the ground that these costs cannot be made either out of Hagans, or Huffsteller. The clerk insists that the sureties of the appellant, under these circumstances, should pay the costs. His reasoning is, that ii the appellant had paid money into office in place oí the undertaking, the costs would have been retained out of the mon.ey; ergo, the costs…
2Cases cited1 opinion
- Hagans v. . HuffstellerSupreme Court of North Carolina · 1871
3Cited by9 opinions
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- Jensen v. Nationwide Mutual InsuranceSupreme Court of Connecticut · 1960
- State v. . WallinSupreme Court of North Carolina · 1883
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