Cureton v. . Garrison
This text of 16 S.E. 338 (Cureton v. . Garrison) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Where a witness, though duly subpoenaed, is-neither examined nor tendered to the opposite party on the trial, his attendance can be taxed only against the party who summoned him. Loftis v. Raxter, 66 N. C., 340; Wooley v. Robinson, 52 N. C., 30. Besides, not more than two witnesses-summoned by the successful party to prove a single fact can be taxed against the party cast. The Code, § 1370; State v. Massey, 104 N. C., 877. The motion to retax can be made before the Clerk who has made the taxation, whence an appeal lies to the Judge at Chambers ; or it can be made in the first instance before the Judge at term'time by virtue of his supervisory power over the action of the Clerk. In re Smith, 105 N. C., 167.
No Error.
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Cite This Page — Counsel Stack
16 S.E. 338, 111 N.C. 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cureton-v-garrison-nc-1892.