Costin v. . Baxter
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Rutherford County, at the- Spring Term, 1846, his Honor Judge Pearson, presiding. The plaintiff’s declaration contained three counts; the first two in assumpsit and the last ia trover. No evi.~ dence was offered by them on the first and second, and on motion, he was permitted to entera nolle .'prosequi upon them, and confined his testimony to the third.
Read the full summary
Appeal from the Superior Court of Law of Rutherford County, at the- Spring Term, 1846, his Honor Judge Pearson, presiding. The plaintiff’s declaration contained three counts; the first two in assumpsit and the last ia trover. No evi.~ dence was offered by them on the first and second, and on motion, he was permitted to entera nolle .'prosequi upon them, and confined his testimony to the third. His right to enter the nol. pros, was denied by the defendant, and the motion opposed. The jury, returned a verdict for the plaintiff, and the Court rendered judgment in his favour for the damages and…
1Opinion of the Court
We concur in the opinion of his Honor. We are not apprised of any power in the judge to pronounce the judgment prayed for. All costs are given, in a court of law, in virtue of some statute. The common law made no provision on the subject, and in our State they are regulated by the statute of 1777, Rev. Stat., ch. 31, sec. 79, which declares that, "In all actions whatsoever the party in whose favor judgment shall be given, or in case of a nonsuit, dismission, or discontinuance, the defendant shall be entitled to full costs," etc. The judgment, which was rendered in favor of the plaintiff, was…
2Cases cited3 opinions
- Reynolds v. Magness' ExecutorsSupreme Court of North Carolina · 1841
- Norwood v. . MarrowSupreme Court of North Carolina · 1838
- Ex Parte BradleySupreme Court of North Carolina · 1844
3Cited by7 opinions
- City of Charlotte v. McNeelySupreme Court of North Carolina · 1972
- Department of Transportation v. Charlotte Area Manufactured Housing, Inc.Court of Appeals of North Carolina · 2003
- Chadwick v. . Insurance Co.Supreme Court of North Carolina · 1912
- Waldo v. . WilsonSupreme Court of North Carolina · 1919
- Smith Ex Rel. Newton v. MyersSupreme Court of North Carolina · 1924
2 more not listed; retrieve them via the Exa API.