Rayburn v. Casualty Co.
Supreme Court of North Carolina
ActioN by S. C. Rayburn against Pennsylvania Casualty Company. This was a motion of defendant for judgment against tbe sureties to plaintiff’s prosecution bond.
1Opinion of the Court
Pee. Oueiam:.
Tbe defendant appealed and a new trial was granted upon tbe fourth issue. 141 N. C., 425. Tbe defendant now moves for judgment and execution against tbe prosecution bond of plaintiff, for tbe costs of tbe appeal. This would be allowed under tbe terms of Revisal, 1251, if tbe defendant bad gained an entire reversal in this Court, but as it was awarded a partial new trial only, and as to one issue only out of several, tbe costs are in tbe discretion of tbis Court (Rev., 1279), and each party will pay bis own costs of tbe appeal.
Motion Denied.
2Cases cited1 opinion
- Rayburn v. . Casualty Co.Supreme Court of North Carolina · 1906
3Cited by1 opinion
- Charles A. Riley Co. v. W. T. Sears & Co.Supreme Court of North Carolina · 1911