Smith v. Arthur, Coffin & Co.
Supreme Court of North Carolina
MotioN to retax the costs in an action, beard before Shu-ford, J., at Fall Term, 1894, of SwaiN Superior Court. The facts appear in the opinion of Associate Justice FubChes.
1Opinion of the Court
Furohes, J.:
On the 12th day of July, 1889, plaintiff brought suit against defendants, returnable to Fall Term of SwaiN Superior Court. In this action R. L. Cooper became plaintiff’s surety for the prosecution of his suit. Plaintiff filed his complaint and defendants filed their answer in which they set up a counter claim to plaintiff’s action. At Fall Term, 1891, plaintiff recovered judgment against defendants for the sum of $2,445, and cost of action.
But this trial did not dispose of defendant’s counter claim and. the case was retained on the docket, until that could be disposed of and…
2Cases cited1 opinion
- Hallman v. . DellingerSupreme Court of North Carolina · 1881
3Cited by1 opinion
- Dale v. . PresnellSupreme Court of North Carolina · 1896