Merrimon v. Commissioners of Henderson County
Supreme Court of North Carolina
This was a crvin action, tried at the Spring Term, 1889, of Henderson Superior Court, before Brown, J. The case came up by appeal from a Justice’s Court overruling defendant’s demurrer, and giving judgment for plaintiff. The Superior Court sustained the ruling of the Magistrate, and gave judgment for plaintiff. The defendant appealed.
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This was a crvin action, tried at the Spring Term, 1889, of Henderson Superior Court, before Brown, J. The case came up by appeal from a Justice’s Court overruling defendant’s demurrer, and giving judgment for plaintiff. The Superior Court sustained the ruling of the Magistrate, and gave judgment for plaintiff. The defendant appealed. The complaint alleges that the defendant’s county is indebted to him in the sum of $13.95 and interest, by virtue of divers cost bills _ due him as Justice of the Peace in criminal proceedings held before him, in which there were no prosecutors whatever, the…
1Opinion of the Court
Clark, J.:
The Code, §895, is as follows: “The party convicted in a criminal action, or proceeding, before a Justice, shall always be adjudged to pay the costs, and, if the party charged shall be acquitted, the complainant shall be adjudged to pay the costs; and may be imprisoned for the non-payment thereof if the Justice shall adjudge that the prosecution was frivolous or malicious, But in no action, or proceeding, commenced or tried in the Court of a Justice of the Peace, shall the u,umty be liable to pay any costs.” The last paragraph of this section is decisive of the plaintiff’s claim.…
2Cases cited1 opinion
- State v. . MasseySupreme Court of North Carolina · 1889
3Cited by7 opinions
- Clerk's Office v. Commissioners of Carteret CountySupreme Court of North Carolina · 1897
- Garner v. . WorthSupreme Court of North Carolina · 1898
- State v. . MorganSupreme Court of North Carolina · 1897
- Guilford v. Board of CommissionersSupreme Court of North Carolina · 1897
- State v. . CarltonSupreme Court of North Carolina · 1890
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