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243 N.C. 173

Perry v. Doub

Supreme Court of North Carolina

Decided November 23, 1955

Supreme Court of North Carolina · decided 1955-11-23

Cited by 2 later decisions — most recently November 1969

2 state decisions

Relies on Williams v. Johnson · Lightner v. . Boone · Cody v. . England

Good law ✅— No negative treatment on recordhow we know

Decided 1955-11-23

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PER Curiam.

¶1The costs incident to a reference, including the referee’s fee, are taxable in the discretion of the court. Lightner v. Boone, 222 N.C. 421, 23 S.E. 2d 313; Cody v. England, 221 N.C. 40, 19 S.E. 2d 10; Williams v. Johnson, 230 N.C. 338, 53 S.E. 2d 277. The court did not undertake to tax the costs. They are hereafter to be taxed. The appellant is not hurt by the order. Instead of directing that the required fund be paid out of the trust fund, the court had the power and authority to require each party to deposit out of his own pocket a ratable portion of the costs of the reference. It follows that the appellant’s appeal is premature and must be dismissed.

¶2Appeal dismissed.

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