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.
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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
A verdict and judgment were given for the plaintiff on one count in his declaration, and the defendant moved for judgment against the plaintiff for costs incurred by the defendant in the attendance of witnesses to prove his defense to other counts in which the plaintiff had entered a nolleprosequi. The court refused the motion, and the defendant appealed.
The question depends entirely upon the statute. The Revised Statute, ch. 31, sec. 79, taken from Laws, 1777, ch. 115, sec. 90, is that "in all actions whatsoever the party in whose favor judgment shall be given, or in case of a nonsuit,…
2Cases cited8 opinions
- A. J. Loftis v. . Nancy RaxterSupreme Court of North Carolina · 1872
- Cook v. . PattersonSupreme Court of North Carolina · 1889
- Chadwick v. . Insurance Co.Supreme Court of North Carolina · 1912
- Kinston Cotton Mills v. Rocky Mount Hosiery Co.Supreme Court of North Carolina · 1911
- Hobbs v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909
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