Elliot v. . Tyson

21 S.E. 106, 116 N.C. 184
CourtSupreme Court of North Carolina
DecidedFebruary 5, 1895
StatusPublished
Cited by1 cases

This text of 21 S.E. 106 (Elliot v. . Tyson) 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.

Bluebook
Elliot v. . Tyson, 21 S.E. 106, 116 N.C. 184 (N.C. 1895).

Opinion

In this action the parties settled their matters by paying and receiving from each other, according to the contract. At the conclusion of the trial the court rendered a judgment in favor of the plaintiff and against the defendant for costs only, and the defendant appealed. When nothing is involved except costs, an appeal will not be allowed. Clark's Code, 560; Futrell v. Deans, ante, 38. When the subject matter of the action has been lost, destroyed or adjusted between the parties, an appeal will not be allowed for costs only. (185)S. v. Byrd, 93 N.C. 624.

Cited: S. c., 117 N.C. 114; Herring v. Pugh, 125 N.C. 438.

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Related

Cochran v. . Rowe
36 S.E.2d 75 (Supreme Court of North Carolina, 1945)

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Bluebook (online)
21 S.E. 106, 116 N.C. 184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elliot-v-tyson-nc-1895.