State Ex Rel. Blount v. Simmons
Supreme Court of North Carolina
This is ail action by the State on the relation of the Solicitor of the district to vacate an oyster-bed entry under the Acts of 1893, Chapter 287, Section 4, pending in Pamlico Superior Court.
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This is ail action by the State on the relation of the Solicitor of the district to vacate an oyster-bed entry under the Acts of 1893, Chapter 287, Section 4, pending in Pamlico Superior Court. At Pall Term, 1894, upon the' hearing, the court being of opinion, on the authority of State v. Spencer, 114 N. C., 770, that the plaintiff was not entitled to recover, the plaintiff submitted, to a 11011-suit, and on its motion judgment was.entered against the County of Pamlico for the costs of the action. From said judgment the County of Pamlico (having been made a party for that purpose) appealed to…
1Opinion of the Court
EaiiíClotii, O. J. :
This action was authorized by the Acts 1893, Oh. 287, Sec. 4. It has been held that the defendant is not liable for the cost consequent upon the failure of the action. Blount v. Simmons, 118 N. C., 9. His Honor below entered judgment against the State for the costs of the action, and the State has appealed. Is the State liable for the costs of its own action unsuccessfully prosecuted ?
It is urged that no citizen can maintain an action again-t the State, and that is true. Battle v. Thompson, 65 N. C., 406. But this is'not au action against the State ; it is an action by the…
2Cases cited2 opinions
- Battle v. . ThompsonSupreme Court of North Carolina · 1871
- State Ex Rel. Blount v. SimmonsSupreme Court of North Carolina · 1896
3Cited by5 opinions
- Wikel v. Board of CommissionersSupreme Court of North Carolina · 1897
- Garner v. . WorthSupreme Court of North Carolina · 1898
- Miller v. State.Supreme Court of North Carolina · 1904
- State Ex Rel. Committee on Grievances of the North Carolina Bar Ass'n v. StricklandSupreme Court of North Carolina · 1931
- White v. . AuditorSupreme Court of North Carolina · 1900