Sitton v. . Lumber Co.
Supreme Court of North Carolina
Aotiow by M. L. Sitton against the Edward-Eversole Lumber Company, heard by Judge F. B. Jones, at March Term, 1904, of the Superior Court of SwaiN County. Erom a judgment for the plaintiff the defendant appealed.
1Opinion of the CourtClaus, C. J.
A witness can always prove his attendance against the party who subpoenas him, but his attendance can only be taxed against the opposite party (if it loses the verdict) when he has been examined as a witness on the trial or was tendered to such opposite party on the trial, and even then not more than two such witnesses can be taxed to prove any single fact. The Code, section 1370; Cureton v. Garrison,, 111 N. C., 271; State v. Massey 104 N. C., at page 881. In Henderson v. Williams, 120 N. C., 339, where the defendant’s witnesses were present when the case was called for trial for a nonsuit,…
2Cases cited4 opinions
- A. J. Loftis v. . Nancy RaxterSupreme Court of North Carolina · 1872
- Cureton v. . GarrisonSupreme Court of North Carolina · 1892
- Henderson v. . WilliamsSupreme Court of North Carolina · 1897
- Porter v. . DurhamSupreme Court of North Carolina · 1878
3Cited by3 opinions
- Chadwick v. . Insurance Co.Supreme Court of North Carolina · 1912
- Moore v. Guano Co.Supreme Court of North Carolina · 1904
- Herring v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907