Parton v. . Boyd
Supreme Court of North Carolina
Costs — Discretion— When Reviewable — Equitable Action. This was a civil actioN, tried at Fall Term, 1889, of Haywood Superior Court, before Clark, J. The action was brought to compel the specific performance of an executory contract in writing in respect to the land specified in the- complaint.
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Costs — Discretion— When Reviewable — Equitable Action. This was a civil actioN, tried at Fall Term, 1889, of Haywood Superior Court, before Clark, J. The action was brought to compel the specific performance of an executory contract in writing in respect to the land specified in the- complaint. The principal defendant had in her possession certain credits of the plaintiff that she. agreed to collect and apply the money in discharge of the' debt for the purchase money agreed to be paid by the plaintiff to her for the land. She collected the credits but failed to so apply the money. The…
1Opinion of the CourtMerbimoN, C. J.
(after stating the case): The cause of action in this case is equitable in its nature, and the action is one in which the Court will administer the diverse rights of the parties coming within its scope, as they may appear, giving judgment in favor of the plaintiff in one or more respects, and in favor of the defendants in others, and allow costs in favor of one party or the other, or require the parties to share the same, in its discretion.
This action is not one of those classes of actions in which the plaintiff is entitled to costs, as of course, if be recovers, as allowed by the statute…
2Cited by10 opinions
- Bond v. Pickett Cotton Mills, Inc.Supreme Court of North Carolina · 1914
- Hoskins v. HoskinsSupreme Court of North Carolina · 1963
- Kluttz v. . AllisonSupreme Court of North Carolina · 1938
- Minton v. Lowe's Food Stores, Inc.Court of Appeals of North Carolina · 1996
- Foreclosure of a Lien by Ridgeloch Homeowners Ass'n v. McNeillCourt of Appeals of North Carolina · 2007
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