Morristown Mills Co. v. Lytle
Supreme Court of North Carolina
MotioN to retax bills of costs, beard before Robinson, J., at August Term, 1895, of BüNCombe Superior Court. The motion was allowed, and the witnesses who had been allowed to prove attendance and mileage in several cases consolidated into one, and whom the order restricted to the privilege of proving but one attendance- and mileage in one case, appealed.
1Opinion of the Court
Clark, J.:
There w-ere eight actions against the same defendants. At the return term all of said actions were consolidated into one. This was admitted below, though the order of consolidation could not be found. At a subsequent term, August, 1893, the minutes show the following entry (naming these cases): “ Judgment against both parties, plaintiffs and defendants, for their costs in 'each case.” Under this, the clerk taxed eight several bills of cost, permitting, it wrnuld seem, the same witnesses to prove attendances in all eight cases. This wras a motion made at August term, 1895, to set…
2Cases cited1 opinion
- Elliott v. . TysonSupreme Court of North Carolina · 1895
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