This was a motion made by the plaintiff before Clerk of the Superior Court of Wilkes county, to re-tax bills of cost theretofore made out and taxed against the plaintiff, and from the judgment of the Clerk the plaintiff appealed to his Honor L. L. Green, Judge, at Chambers. The summons issued in the original cause July 9, 1895, returnable to Fall Term, 1895. The complaint, alleging injury to plaintiff’s land, was filed July 15, 1895.
Cited by 1 later decisions — most recently July 1992
1 state decisions
Good law ✅— No negative treatment on recordhow we know
¶1
The summons was returnable to Fall Term, 1895. At Fall Term, 1896, the plaintiff took a non-suit and judgment was entered against him for costs. The defendant had witnesses in attendance and their tickets were taxed against the plaintiff, who at next term moved to re-tax the costs and to exclude the defendant’s witnesses’ cost on the ground that they were not sworn, examined or tendered against the plaintiff. His Honor allowed the motion and directed the Clerk accordingly.
¶2
This was error. The case was brought for trial at Fall Term, 1896, and the defendant properly had his witnesses
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present. He bad no opportunity to swear, examine or tender bis witnesses by reason of tbe non-suit. It is where a trial is bad and tbe witnesses are not sworn or tendered that tbeii costs cannot be taxed against tbe party cast.
Loftis
v.
Raxter,
66 N. C., 340. When such costs are allowed, see
Code,
Sections 528 and 532.
