North Carolina Railroad v. Goodwin
Supreme Court of North Carolina
This was a proceeding in the Superior Court of Wake County to condemn lands required by plaintiff in the construction of a branch of its road. The defendant was a resident of Wake County, and received the amount of compensation awarded by the commissioners as damages to his property. Thereupon he made a motion for allowance of his counsel ft es, to be taxed by the Court.
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This was a proceeding in the Superior Court of Wake County to condemn lands required by plaintiff in the construction of a branch of its road. The defendant was a resident of Wake County, and received the amount of compensation awarded by the commissioners as damages to his property. Thereupon he made a motion for allowance of his counsel ft es, to be taxed by the Court. The Clerk refused the motion, and upon appeal this judgment was affirmed by Whitaker, J., and defendant again appealed.
1Opinion of the Court
Clark, J.:
By chapter 41, Acts of 1879, the taxation of attorney’s fees in the bills of cost, which had theretofore been allowed, was prohibited. In The Code of 1883 no provision for taxation of counsel fees was made except in section ! 948, which permits such allowance to counsel appointed by the Court to represent the rights of any party in interest who, or whose residence, is unknown, in proceedings to condemn real estate for railroad purposes. The reference in section 1946 to the “costs and counsel fees allowed by the Court” is to such counsel fees as the Court was authorized by law to…
2Cases cited3 opinions
- Mordecai v. DevereuxSupreme Court of North Carolina · 1876
- Gay v. . DavisSupreme Court of North Carolina · 1890
- Chemical Co. v. . JohnsonSupreme Court of North Carolina · 1888
3Cited by8 opinions
- City of Charlotte v. McNeelySupreme Court of North Carolina · 1972
- Carolina Power & Light Company v. CreasmanSupreme Court of North Carolina · 1964
- City of Durham v. DavisSupreme Court of North Carolina · 1916
- In Re Will of HowellSupreme Court of North Carolina · 1933
- Supreme Lodge Knights of Honor v. SelbySupreme Court of North Carolina · 1910
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