State Ex Rel. Blount v. Simmons
Supreme Court of North Carolina
PetitioN by the State for a rehearing and reversal of the case decided at September Term, 1896, and reported in 119 N. C., page 50.
1Opinion of the Court
Faiecloth, O. J.:
This case was decided atlastterir, when it was held that the State was liable for the costs of the action, upon non-suit being taken in the Superior Court, and this is a petition to rehear. The decision was based upon the Code, Sec. 536. It is now urged that Code, Sec. 537, controls the case, and that the State is not liable.
At common law' the king neither paid nor received costs, as the former was his prerogative and the latter was beneath his dignity, and the general statutes giving costs did not include the Sovereign. The same principle has been applied in this country and…
2Cases cited2 opinions
- State v. . HorneSupreme Court of North Carolina · 1896
- State Ex Rel. Hill and Another v. . Bonner and OthersSupreme Court of North Carolina · 1853
3Cited by8 opinions
- Board of Commissioners, Greer County v. WatsonSupreme Court of Oklahoma · 1898
- Garner v. . WorthSupreme Court of North Carolina · 1898
- Pearson v. QuinnSupreme Court of Arkansas · 1914
- State Ex Rel. Herring v. PughSupreme Court of North Carolina · 1899
- State ex rel. Springmeyer v. BakerNevada Supreme Court · 1912
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