Supreme Court Clerk's Office v. Commissioners of Richmond
Supreme Court of North Carolina
Rule on the Board of Commissioners of Richmond to show cause why an attachment shall not issue for their refusal to pay the costs adjudged against the board and due the clerk’s office, in State v. Bullard and State v. Covington, heretofore decided by this Court.
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Rule on the Board of Commissioners of Richmond to show cause why an attachment shall not issue for their refusal to pay the costs adjudged against the board and due the clerk’s office, in State v. Bullard and State v. Covington, heretofore decided by this Court. The commissioners answer and say they are advised by their counsel that the county is bound for half fees only, for which provision has been made, and they are ready and willing to pay full fees-if this Court shall so determine. Mr. J. D. Shaw appeared in this Court for the commissioners.
1Opinion of the CourtSmith, C. J.
(After stating the case as above.) We are of opinion that the clerk of this Court is not embraced in the provision for the payment of half fees in certain cases,, and is entitled to full costs. In the Revised Code the fees of the County Court clerk are prescribed in ch. 102 § 17, and those of the Superior Court clerk in the succeeding section. § 19 applies to both clerks and disallows a fee for issuing a capias ad respondendum during term time and returnable instanier, unless it shall have been executed. Then follows § 20, which is substantially re-enacted by the act of 1875. Laws 1874-76,…
2Cited by2 opinions
- Clerk's Office v. Commissioners of Carteret CountySupreme Court of North Carolina · 1897
- Chadwick v. . Insurance Co.Supreme Court of North Carolina · 1912