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116 N.C. 184

Elliot v. Tyson

Supreme Court of North Carolina

Decided February 15, 1895

Supreme Court of North Carolina · decided 1895-02-15

<p>Practice — Appeal from Judgment for Oosts.</p> <p>Where nothing- is involved except costs, an appeal will not be allowed.</p>

Decided 1895-02-15

EaiRcloth, C. J.:

¶1In 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.

¶2Appeal Dismissed.

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