Herring v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
MotioN on part of defendant to retax costs, heard before Allen> J., at April Term, 1906, Superior Court of Sampson County. Tbe action was to recover damages for wrongfully causing a fire by an engine of defendant company, and by reason of which certain lands of plaintiffs were burned over and injured. At October Term, 1903, the action was tried, and judgment rendered in favor of plaintiff for the damages and “costs to be taxed by the clerk.”
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MotioN on part of defendant to retax costs, heard before Allen> J., at April Term, 1906, Superior Court of Sampson County. Tbe action was to recover damages for wrongfully causing a fire by an engine of defendant company, and by reason of which certain lands of plaintiffs were burned over and injured. At October Term, 1903, the action was tried, and judgment rendered in favor of plaintiff for the damages and “costs to be taxed by the clerk.” Defendant insisted that the cost had been erroneously taxed in charging against it the amount of some witness tickets, when these witnesses, subpoenaed…
1Opinion of the CourtHoKe, J.
The general rule is that when there has been a trial of the cause only those witnesses of the successful litigant can be taxed against the losing party who were under subpoena and who were examined or sworn and tendered at the trial. Moore v. Guano Co., 136 N. C., 248; Sitton v. Lumber Co., 135 N. C., 540; Cureton v. Garrison, 111 N. C., 271.
This rule is sometimes modified when it is made to appear, on motion, in apt time, that a witness, who had attended under subpoena, was unavoidably absent at the time of trial, and that his evidence was material. Loftis v. Raxton, 66 N. C., 340.
And it is…
2Cases cited7 opinions
- Roulhac v. . BrownSupreme Court of North Carolina · 1882
- A. J. Loftis v. . Nancy RaxterSupreme Court of North Carolina · 1872
- Clement v. Ireland.Supreme Court of North Carolina · 1905
- Cureton v. . GarrisonSupreme Court of North Carolina · 1892
- Henderson v. . WilliamsSupreme Court of North Carolina · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hobbs v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909