Legal Opinion

Guilford v. Board of Commissioners

Supreme Court of North Carolina

Decided February 5, 1897PublishedCited by 7 opinions

Civil actioN, commenced before a Justice of the Peace by George W. Guilford, against the Board of Commissioners of Bean-fort County to recover fees as clerk of the Superior Court, heard on appeal and on complaint and demurrer before Bryan, J., at Spring Term, 1897, of Beaufort Superior Court.

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Civil actioN, commenced before a Justice of the Peace by George W. Guilford, against the Board of Commissioners of Bean-fort County to recover fees as clerk of the Superior Court, heard on appeal and on complaint and demurrer before Bryan, J., at Spring Term, 1897, of Beaufort Superior Court. The complaint was as follows: “The plaintiff, complaining of the defendants, alleges: (1) That plaintiff is the clerk of the Superior Court of Beaufort county, N. C. (2) That at the Fall term, 1896, of the Superior court of Beaufort county, a bill of indictment was sent before the grand jury of said…

1Opinion of the Court

Clabk, J.:

At common law, in criminal actions, the sovereign neither paid nor recovered costs. State v. Manuel, 20 N. C., 20. The state and county are now liable for costs, but only in the cases expressly provided by statute. State v. Massey, 104 N. C., 877. Code, § 739, which, specifies the instances in which the county shall be liable either for half or for whole fees in criminal actions, is restricted to those in which “there is no prosecutor, and the defendant shall be acquitted or convicted, and unable to pay the costs, or a nolle prosequi be entered, or judgment arrested.” There is no…

2Cases cited8 opinions

  1. State v. . MasseySupreme Court of North Carolina · 1889
  2. State v. . HorneSupreme Court of North Carolina · 1896
  3. Merrimon v. Commissioners of Henderson CountySupreme Court of North Carolina · 1890
  4. State v. Shuffler.Supreme Court of North Carolina · 1896
  5. Belden v. . SneadSupreme Court of North Carolina · 1881

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Board of Commissioners, Greer County v. WatsonSupreme Court of Oklahoma · 1898
  2. Clerk's Office v. Commissioners of Carteret CountySupreme Court of North Carolina · 1897
  3. Garner v. . WorthSupreme Court of North Carolina · 1898
  4. Waldo v. . WilsonSupreme Court of North Carolina · 1919
  5. State v. . HicksSupreme Court of North Carolina · 1899

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