Cannon v. . Beemer

Decided December 5, 1832

Supreme Court of North Carolina · decided 1832-12-05

This was an action of Debt, tried on the last Spring Circuit at Wake, where the plaintiff obtained a verdict, which was set aside, upon the payment of the costs of the term.

Decided 1832-12-05

¶1His Honor, Norwood, J., directed judgment to be entered upon the verdict, and the defendants appealed. We do not agree with the plaintiff's counsel that the terms of the rule import that the costs should be paid at that time. Upon the second point, we think that the questions, whether the terms of the order had been complied with or whether a new trial should be granted, were addressed solely to the discretion of the judge below. We are of opinion that he was too rigid with the defendant, yet as he exercised a discretionary power, we cannot disturb his judgment.

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Case posture

Posture: THIS was an action of debt, tried on the last spring circuit at WAKE, where the plaintiff obtained a verdict, which was set aside, upon the payment of the costs of the term. Directly after the rule was made absolute, one of the defendants applied to the clerk, and paid him his costs; during the term several witnesses, who were examined on the trial, proved and filed their tickets. The defendant, who paid the cost, made no inquiry of the clerk as to the costs of the witnesses; neither did the clerk give him any information relative to them. No notice of the tickets being filed was given to any of the defendants, and in no way, except by inference, did it appear that they knew the tickets would be filed. Upon these facts the plaintiff, on the last circuit, moved for judgment upon the verdict, insisting that the condition upon which the new trial had been granted had not been performed. The defendant resisted the motion, and paid the costs of the witnesses into the office.

Source: CourtListener

Court

Supreme Court of North Carolina