Superior Court Office v. Lockman
Cases that cite this one
3 later published cases cite this decision.
- Dunn v. . Clerk's Office (N.C. 1918)
- Speller v. . Speller (N.C. 1896)
- Long v. . Walker (N.C. 1890)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Strictly speaking, the party is at all f¡mes answerable for bis own costs ; but under the act 3 of 1777. Rev. c. 115, s.'90, the successful party being authorised to recover them from the party cast, the practice has been to wait (he event (if the suit, and then to issue execution against, the party cast for costs ; before which time, the officers do not claim to be paid'their costs. But when the Plaintiff’s costs cannot be recovered of the Defendant, there is no reason why the Plaintiff should not pay them. And so it was held, in Merrit v. Merrit, and Brehon v. Tatom’s adm’r. (1 Hay. 20). I therefore think, that in this case, the motion ought to have been allowed in the Superior Court.
Per Curiam, Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.