Laroque v. . Kennedy
Supreme Court of North Carolina
Appeal by plaintiffs from Garter, J., at November Term, 1912, of Lemtor. This action was commenced to recover damages for ponding water on the land of the feme plaintiff, and was tried at January Term, 1911, of the Superior Court of Lenoir County. The verdict of the jury was against the plaintiff, and judgment was rendered thereon, adjudging, among other things, that the plaintiff pay the defendant’s costs.
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Appeal by plaintiffs from Garter, J., at November Term, 1912, of Lemtor. This action was commenced to recover damages for ponding water on the land of the feme plaintiff, and was tried at January Term, 1911, of the Superior Court of Lenoir County. The verdict of the jury was against the plaintiff, and judgment was rendered thereon, adjudging, among other things, that the plaintiff pay the defendant’s costs. The defendant, at said term, moved the court that the judgment for costs be made a charge upon the separate estate of the plaintiff, and .that a certain amount paid by him to the surveyor…
1Opinion of the CourtAlleh, J.
When tbis case was bere upon tbe former appeal (156 N. O., 374) we said: “Tbe defendant was not entitled to have tbe judgment for costs made a charge against tbe separate estate of tbe feme plaintiff. Tbe ordinary judgment for costs was rendered against ber, wbicb was proper.”
If tbe plaintiff was not satisfied witb tbis adjudication, ber remedy was by petition to rebear, as sbe cannot present tbe same question for review upon a second appeal. Roberts v. Baldwin, 155 N. C., 279.
If, however, tbe question was res integra, we would not doubt the liability of tbe plaintiff.
Sbe is a party and is…
2Cases cited5 opinions
- Graves v. . HowardSupreme Court of North Carolina · 1912
- Hayes & Wife v. Va. Mutual Protection Ass'nSupreme Court of Virginia · 1882
- Hardin v. HeltonIndiana Supreme Court · 1875
- Clerk's Office v. Commissioners of Carteret CountySupreme Court of North Carolina · 1897
- Costin v. . BaxterSupreme Court of North Carolina · 1846
3Cited by1 opinion
- Laroque v. . KennedySupreme Court of North Carolina · 1911