Cureton v. . Garrison

16 S.E. 338, 111 N.C. 271

Opinion

Clark, J.:

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.