Smith v. Cashie & Chowan Railroad & Lumber Co.
Supreme Court of North Carolina
MotioN to tax costs, heard by W. R. Allen, J., who found the facts by consent, at November Term, 1907, of Bertie. Defendant appealed.
1Opinion of the CourtOi.arK, C. J.
Tbis case bas been bere twice before upon tbe defendant’s appeal (140 N. C., 375, and 142 N. C,, 26). On tbis last (third) trial below tbe plaintiff again recovered judgment, and tbe defendant sought to offset against the recovery the costs it bad paid in tbe Superior Court on tbe two former trials, whose results bad been corrected on appeal, especially tbe costs paid tbe Clerk for making out tbe. transcripts for those appeals. In effect, tbe defendant moved to tax the costs of those trials and of tbe transcripts thereof against tbe plaintiff.
Tbe court properly refused to grant tbe motion as…
2Cases cited6 opinions
- Williams v. HughesSupreme Court of North Carolina · 1905
- State v. . HorneSupreme Court of North Carolina · 1896
- Smith v. Lumber Co.Supreme Court of North Carolina · 1906
- Kincaid v. . GrahamSupreme Court of North Carolina · 1885
- Dobson v. Southern Railway Co.Supreme Court of North Carolina · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Town of Zebulon v. DawsonSupreme Court of North Carolina · 1939
- Ritchie v. . RitchieSupreme Court of North Carolina · 1926
- Henderson v. . EllerSupreme Court of North Carolina · 1908