Legal Opinion

Town of Durham v. Richmond & Danville Railroad

Supreme Court of North Carolina

Decided February 5, 1891Published

Civil action, tried at Fall Term, 1890, of Chatham Superior Court, MacRae, J., presiding. There was a verdict and judgment thereon for the defendants, from which the plaintiff appealed. In the argument to the Court and jury, the counsel for the defendants began to read the charter of the North Carolina Railroad Company, being Laws of 1848-’49, ch. 82. Objection was at once made by plaintiff, because the charter had not been offered in evidence.

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Civil action, tried at Fall Term, 1890, of Chatham Superior Court, MacRae, J., presiding. There was a verdict and judgment thereon for the defendants, from which the plaintiff appealed. In the argument to the Court and jury, the counsel for the defendants began to read the charter of the North Carolina Railroad Company, being Laws of 1848-’49, ch. 82. Objection was at once made by plaintiff, because the charter had not been offered in evidence. The objection was overruled on the ground that it was a public act of which the Court would take judicial notice, and his Honor allowed said charter…

1Opinion

This is a motion by the appellant to retax the bill of costs in this Court by allowing "the actual cost of printing the record and brief." Rule 29 requires the "case on appeal" to be printed, and such other parts of the record as may be necessary to present the exceptions made, the designation of such parts to be made by counsel of the appellant. If, however, more than twenty pages are printed, the costs for the excess can only be allowed by order of the Court (Rule 31), for which purpose this motion is now made. An inspection of the transcript shows seventy-four pages printed. Of these…

2Cases cited9 opinions

  1. State v. . BarringerSupreme Court of North Carolina · 1892
  2. Cressler v. Asheville.Supreme Court of North Carolina · 1905
  3. Sigman v. Railroad Co.Supreme Court of North Carolina · 1904
  4. Hancock v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1899
  5. City National Bank of Norfolk v. BridgersSupreme Court of North Carolina · 1894

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