Williams v. Hughes
Supreme Court of North Carolina
ActioN by P. H. Williams, Administrator of D. L. Prich-ard, against Joseph H. Hughes and others, heard by Judge B. F. Long and a jury, at the Spring Term, 1905, of the Superior Court of Camden County, upon exception to the taxation of costs. At the first trial of the case judgment was entered for the defendants upon a verdict in their favor and plaintiff appealed.
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ActioN by P. H. Williams, Administrator of D. L. Prich-ard, against Joseph H. Hughes and others, heard by Judge B. F. Long and a jury, at the Spring Term, 1905, of the Superior Court of Camden County, upon exception to the taxation of costs. At the first trial of the case judgment was entered for the defendants upon a verdict in their favor and plaintiff appealed. This court granted a new trial for error in the refusal of the judge to give instructions. 136 N. C., 58. At the second trial, the defendants again recovered and in the judgment the court taxed the plaintiff with all'the costs of…
1Opinion of the Court
Walker, J.,
after stating the facts: The contention of tlic plaintiff is that, as a new trial was granted in his first appeal, he cannot be taxed with any of the costs of the former trial. The matter of costs is regulated solely by the statute and the correctness of plaintiffs contention depends, therefore, upon what is its true construction, and must be determined by its meaning. Ry section 525 of The Code, costs are allowed, of course, to the plaintiff, upon a recovery, in cases of which a justice of the peace has no jurisdiction. This action was of that character, it being one brought for…
2Cases cited9 opinions
- Wooten v. . WaltersSupreme Court of North Carolina · 1892
- State v. . HorneSupreme Court of North Carolina · 1896
- Horton v. . HorneSupreme Court of North Carolina · 1888
- Patterson v. Ramsey.Supreme Court of North Carolina · 1904
- Wall v. . CovingtonSupreme Court of North Carolina · 1877
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3Cited by16 opinions
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- State v. MyersWest Virginia Supreme Court · 2004
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