Williams v. . Hughes

At the first trial of the case judgment was entered for the defendants upon a verdict in their favor and plaintiff appealed. This Court granted a new trial for error in the refusal of the Judge to give instructions.136 N.C. 58. At the second trial, the defendants again recovered and in the judgment the Court taxed the plaintiff with all the costs of the defendants in the action, except the costs of the appeal to this Court, which included the cost of the transcript and certificate. Plaintiff excepted and appealed upon the ground that he was not taxable with any of the costs of the first…