Cureton v. . Garrison
Cases that cite this one
8 later published cases cite this decision.
- Leary v. Nantahala Power and Light Co. (N.C. Ct. App. 1985)
- McClure v. . Fulbright (N.C. 1929)
- Sitton v. . Lumber Co. (N.C. 1904)
- Staley v. . Staley (N.C. 1917)
- Hobbs v. Atlantic Coast Line Railroad (N.C. 1909)
- Herring v. Atlantic Coast Line Railroad (N.C. 1907)
- Brown v. Railroad (N.C. 1905)
- Moore v. Guano Co. (N.C. 1904)
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
Where a witness, though duly subpoenaed, is-neither examined nor tendered to the opposite party on the trial, his attendance can be taxed only against the party who summoned him. Loftis v. Raxter, 66 N. C., 340; Wooley v. Robinson, 52 N. C., 30. Besides, not more than two witnesses-summoned by the successful party to prove a single fact can be taxed against the party cast. The Code, § 1370; State v. Massey, 104 N. C., 877. The motion to retax can be made before the Clerk who has made the taxation, whence an appeal lies to the Judge at Chambers ; or it can be made in the first instance before the Judge at term'time by virtue of his supervisory power over the action of the Clerk. In re Smith, 105 N. C., 167.
No Error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.