A. J. Loftis v. . Nancy Raxter
Supreme Court of North Carolina
This was a motion lor retaxation of costs, beard before Cannon, Judge, at Fall Term, 1870, of Transylvania Superior Court. An action of ejectment was tried between tbe parties at Spring Term, 1869. Before the jury was empaneled, each party called their witnesses. None were sworn or tendered by tlie defendant in the action. A verdict was rendered for tbe defendant. The' plaintiff Jmoved that the attendance of the defendant’s witnesses should be taxed against her.
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This was a motion lor retaxation of costs, beard before Cannon, Judge, at Fall Term, 1870, of Transylvania Superior Court. An action of ejectment was tried between tbe parties at Spring Term, 1869. Before the jury was empaneled, each party called their witnesses. None were sworn or tendered by tlie defendant in the action. A verdict was rendered for tbe defendant. The' plaintiff Jmoved that the attendance of the defendant’s witnesses should be taxed against her. The Court ordered a rule fto show cause against the defendant. This rule was continued’till Fall Term, 1870., when tbe Conrt ordered…
1Opinion of the CourtEovdeN, J.
In this case, before the parties had announced themselves ready for trial, they called their witnesses and they ■answered the call. The parties declared that they were ready for trial, and the jury was empaneled and the trial proceeded, and a verdict was rendered in favor of the defendant. There were a number of the defendant’s witnesses in attendance that were neither qualified nor tendered, and after the vei’dict, the plaintiff moved for a rule to show cause why the defendant’s witnesses, that were neither sworn nor tendered, should not be taxed against him. His Honor made the following,…
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