Wall v. . Covington
Supreme Court of North Carolina
Practice — Taxation of Costs -- Fees of Referees. Civil ActioN, on an Administrator’s Bond, tried-at Fall. Term, 1876, of Richmond Superior Court, before Burches, J. The facts are substantially as follows : One John P. Cov-ington died in Richmond County in 1857, leaving the plaintiffs Virginia Covington, (now Stewart,) 11. B. Covington and John P. Covington (a minor) his heirs at law and distribu-tees.
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Practice — Taxation of Costs -- Fees of Referees. Civil ActioN, on an Administrator’s Bond, tried-at Fall. Term, 1876, of Richmond Superior Court, before Burches, J. The facts are substantially as follows : One John P. Cov-ington died in Richmond County in 1857, leaving the plaintiffs Virginia Covington, (now Stewart,) 11. B. Covington and John P. Covington (a minor) his heirs at law and distribu-tees. Soon after his death, the defendant James A. Coving-Ton was appointed aud qualified as his administrator and executed a'bond with one John W. Leak (testator of the other defendant) as surety.…
1Opinion of the CourtBynum, J.
Upon the trial of the case, judgment was entered in favor of the plaintiffs and against the defendants for the debt and the costs of the action. It was further ordered by the Court, that D. Stewart, the Clerk, be allowed $250 for taking and stating the account, one half to be paid by the defendants and the other half by the plaintiffs.
There is error. The Clerk, as Clerk, is entitled to no fees or allowance for taking and stating an account by order of ilie Court. Bat. Rev. cb. 105, § 23. If the account was taken by Mm as referee, under C. C. P. § 245, as we think it was, then the fees…
2Cited by8 opinions
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- Williams v. . HughesSupreme Court of North Carolina · 1905
- Smith Ex Rel. Newton v. MyersSupreme Court of North Carolina · 1924
- Cobb v. Rhea.Supreme Court of North Carolina · 1904
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