Elliot v. Tyson

Supreme Court of North Carolina
Elliot v. Tyson, 116 N.C. 184 (N.C. 1895)
Eaircloth

Elliot v. Tyson

Opinion of the Court

EaiRcloth, C. J.:

In this action the parties settled their matters by paying and receiving from each other, according to the contract. At the conclusion-of the trial, the court rendered a judgment in favor of the plaintiff and against the defendant for costs only, and'- the defendant appealed. When nothing is involved except costs, an appeal will not be allowed. Clark’s Code, 560; Futrell v. Deans, at this erm. W hen the subject matter of the action has been *185lost, destroyed or adjusted between tbe parties, an appeal will not be allowed for costs only. State v. Byrd, 93 N. C., 624.

Appeal Dismissed.

Reference

Full Case Name
L. P. ELLIOT v. G. T. TYSON
Status
Published