Legal Opinion

Cureton v. . Garrison

Supreme Court of North Carolina

Decided September 5, 1892PublishedCited by 8 opinions

This was a MOTION to retax the costs, heard at Polk Superior Court by Hoke, J. The Court ruled that if the witnesses were not sworn, and examined or tendered, even though attending under subpoena, and though they would have given material evidence, their fees could not be taxed against the losing party. Plaintiff excepted, and appealed.

1Opinion of the Court

Clark, J.:

Where a witness, though duly subpoenaed, is-neither examined nor tendered to the opposite party on the trial, his attendance can be taxed only against the party who summoned him. Loftis v. Raxter, 66 N. C., 340; Wooley v. Robinson, 52 N. C., 30. Besides, not more than two witnesses-summoned by the successful party to prove a single fact can be taxed against the party cast. The Code, § 1370; State v. Massey, 104 N. C., 877. The motion to retax can be made before the Clerk who has made the taxation, whence an appeal lies to the Judge at Chambers ; or it can be made in the first…

2Cases cited4 opinions

  1. State v. . MasseySupreme Court of North Carolina · 1889
  2. A. J. Loftis v. . Nancy RaxterSupreme Court of North Carolina · 1872
  3. Wooley v. . RobinsonSupreme Court of North Carolina · 1859
  4. In Re SmithSupreme Court of North Carolina · 1890

3Cited by8 opinions

  1. Leary v. Nantahala Power and Light Co.Court of Appeals of North Carolina · 1985
  2. Hobbs v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909
  3. Moore v. Guano Co.Supreme Court of North Carolina · 1904
  4. Sitton v. . Lumber Co.Supreme Court of North Carolina · 1904
  5. Brown v. RailroadSupreme Court of North Carolina · 1905

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