In Re Smith
Supreme Court of North Carolina
Appeal from judgment of Armfield, J., at October Term, 1889, Wake Superior Court, refusing a motion to re.-tax costs. This was a proceeding by the daughters, suing as next friends of Larkin Smith, to have him declared incompetent to manage his affairs, begun before C. D. Upchurch, Clerk of the Superior Court of Wake. Two juries having failed to agree upon a verdict, the clerk dismissed the petition and adjudged that the petitioners pay the costs.
Read the full summary
Appeal from judgment of Armfield, J., at October Term, 1889, Wake Superior Court, refusing a motion to re.-tax costs. This was a proceeding by the daughters, suing as next friends of Larkin Smith, to have him declared incompetent to manage his affairs, begun before C. D. Upchurch, Clerk of the Superior Court of Wake. Two juries having failed to agree upon a verdict, the clerk dismissed the petition and adjudged that the petitioners pay the costs. On appeal from this judgment it was affirmed by Graves, J., at April Term, 1889, of Wake Superior Court. An appeal was taken from ■him to the…
1Opinion of the Court
Clark, J.:
The dismissal of the former appeal by this Court simply left in force the judgment of the Superior Court made at April Term, 1889. The question presented for our consideration is whether the Judge, at the next term, October, 1889, had the power to re-tax the bill of costs by striking-out objectionable items. The judgment at Spring Term that petitioners pay the costs, was, like any similar judgment between adversary parties, conclusive as to the question by whom the costs w?ere to be paid. To that extent i-t is res judicata, and cannot be re-opened. We do not understand such to be…
2Cases cited1 opinion
- State v. . MasseySupreme Court of North Carolina · 1889
3Cited by4 opinions
- Mindell v. GlennDistrict of Columbia Court of Appeals · 1949
- Cureton v. . GarrisonSupreme Court of North Carolina · 1892
- Chadwick v. . Insurance Co.Supreme Court of North Carolina · 1912
- Leary v. Nantahala Power and Light Co.Court of Appeals of North Carolina · 1985