Lee Tire & Rubber Co. v. McCarran

OPINION

By the Court,

Coleman, J.:

Upon the reversal of the judgment and order appealed from in this ease, the respective parties filed a cost bill. In due time each filed with the clerk a motion to strike opponent’s cost bill.

The clerk allowed appellants’ costs as stated in their cost bill. From this ruling respondent took an appeal to the justices of the court, as provided in rule 6,.para-graph 3.

We think the ruling of the clerk was correct. Section 8928 N. C. L. provides that where a judgment is modified, or where a new trial is ordered, and no order is made relative to costs, as in this…