City of Durham v. Davis
Supreme Court of North Carolina
Special PROCEEDING tried before Allen, J., and a jury, at September Term, 1915, of Durham. This was a proceeding commenced before the clerk of the Superior Court of Durham' County on 18 February, 1913, by the plaintiff against the defendants for the condemnation of certain property described in the petition for the purpose of widening the streets at the place known as Five Points and fully described in the petition.
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Special PROCEEDING tried before Allen, J., and a jury, at September Term, 1915, of Durham. This was a proceeding commenced before the clerk of the Superior Court of Durham' County on 18 February, 1913, by the plaintiff against the defendants for the condemnation of certain property described in the petition for the purpose of widening the streets at the place known as Five Points and fully described in the petition. After the pleadings were filed, commissioners were appointed by the court to appraise the value of the lands described in the petition. The appraisers in due time made their…
1Opinion of the Court
Walker, J.,
after stating the case: There are three questions presented in this appeal, as above stated.
First. The general rule in this Court has been that counsel fees are not allowed in civil actions or like proceedings to either party. There are exceptions, but this case does not fall within any of them. Patterson v. Miller, 72 N. C., 516; Mordecai v. Devereux, 74 N. C., 673; Gay v. Davis, 107 N. C., 269. Counsel for defendant referred us to Eevisal, secs. 2587 and 2592. We are clearly of the opinion that the counsel fees “allowed by the court”' and to be included, with the costs, in the…
2Cases cited11 opinions
- Mordecai v. DevereuxSupreme Court of North Carolina · 1876
- Raleigh, Charlotte & Southern Railroad v. Mecklenburg Manufacturing Co.Supreme Court of North Carolina · 1914
- Kimpton v. Jubilee Placer Mining Co.Montana Supreme Court · 1895
- Patterson v. . Miller, Adm'r. C.Supreme Court of North Carolina · 1875
- Abernathy v. South & Western Railway Co.Supreme Court of North Carolina · 1912
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Poor v. HillCourt of Appeals of North Carolina · 2000
- City of Charlotte v. McNeelySupreme Court of North Carolina · 1972
- Sitterson v. . SittersonSupreme Court of North Carolina · 1926
- Yancey v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1942
- Hutchins v. DavisSupreme Court of North Carolina · 1949
16 more not listed; retrieve them via the Exa API.