Porter v. . Durham
Supreme Court of North Carolina
Civil Action removed from Pender and tried at Fall Term, 1876, of Duplin Superior Court before MoKoy, J. The question presented by the record and decided by this Court was one of costs which were incurred as follows: The action was brought to recover damages alleged to have resulted from cutting a ditch upon certain lands, and the title thereto coming in controversy, the Superior Court of Pen-der upon motion of the plaintiff ordered a survey to be made, which motion was…
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Civil Action removed from Pender and tried at Fall Term, 1876, of Duplin Superior Court before MoKoy, J. The question presented by the record and decided by this Court was one of costs which were incurred as follows: The action was brought to recover damages alleged to have resulted from cutting a ditch upon certain lands, and the title thereto coming in controversy, the Superior Court of Pen-der upon motion of the plaintiff ordered a survey to be made, which motion was resisted by the defendants. In pursuance of the order a survey was made and a plat returned to Court and filed with the…
1Opinion of the CourtRbade, J.
Ve are of the opinion that under C. C. P. § 276, the plaintiff is entitled to recover costs. But of course he is not entitled to recover unnecessary costs. So the question is whether the survey and the attendance at the trial of the surveyors, they being summoned, were proper or necessary costs. The survey was ordered by the Court upon motion of the plaintiff it is true, and that was an adjudication that a survey was proper. That it was useful was shown by the fact that it was ordered by the Court and used upon the trial by the defendant himself. Surely then he can not complain that it was…
2Cited by2 opinions
- Porter v. Armstrong.Supreme Court of North Carolina · 1901
- Sitton v. . Lumber Co.Supreme Court of North Carolina · 1904