State v. Means
Supreme Court of North Carolina
MotioN to retax costs in the above-entitled, case, heard by Cline, J., as of November Special Term, 1917, of OababRus. The defendant was acquitted of the crime for which he was indicted.
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MotioN to retax costs in the above-entitled, case, heard by Cline, J., as of November Special Term, 1917, of OababRus. The defendant was acquitted of the crime for which he was indicted. The judge made the following order, omitting immaterial parts as to exceptions and case on appeal: “It is hereby ordered -that all of the State’s witnesses called, sworn and examined in the trial of this case will be permitted to prove their attendance before the clerk (any not having done so being still granted that opportunity), and shall be paid for their attendance the regular fees of witnesses provided…
1Opinion of the Court
Waleeb, J.,
after stating the case: We have held heretofore that at common law no costs were recoverable by the plaintiff or defendant in civil actions or criminal prosecutions. Costs are now given by statute both in England and in this country, but they are recoverable by law only in those cases, State and civil, where they are allowed, and only in the manner and to the extent allowed by law. A witness who attends court without having been summoned is not entitled to prove his attendance so as to charge the losing party with the amount of his tickets. Stern v. Herren, 101 N. C., 518; Thompson…
2Cases cited6 opinions
- Lewis v. . Commissioners of WakeSupreme Court of North Carolina · 1876
- State v. . MasseySupreme Court of North Carolina · 1889
- Clerk's Office v. Commissioners of Carteret CountySupreme Court of North Carolina · 1897
- Patterson v. Ramsey.Supreme Court of North Carolina · 1904
- State v. . StewartSupreme Court of North Carolina · 1814
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. JohnsonSupreme Court of North Carolina · 1972
- D & W, INC. v. City of CharlotteSupreme Court of North Carolina · 1966
- State v. ScogginSupreme Court of North Carolina · 1952
- State v. TindallSupreme Court of North Carolina · 1978
- Jarrell v. Charlotte-Mecklenburg Hospital AuthorityCourt of Appeals of North Carolina · 2010
3 more not listed; retrieve them via the Exa API.