Rayburn v. . Casualty Company

Supreme Court of North Carolina

Rayburn v. . Casualty Company

55 S.E. 296, 142 N.C. 376, 1906 N.C. LEXIS 261

DecidedOctober 23, 1906

StatusPublished

This text of 55 S.E. 296 (Rayburn v. . Casualty Company) 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

Rayburn v. . Casualty Company, 55 S.E. 296, 142 N.C. 376, 1906 N.C. LEXIS 261 (N.C. 1906).

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Opinion

The defendant appealed and a new trial was granted upon the fourth issue. 141 N.C. 425. The defendant now moves for judgment and execution against the prosecution bond of plaintiff, for the costs of the appeal. This would be allowed under the terms of Revisal, 1251, if the defendant had gained an entire reversal in this Court, but as it was awarded a partial new trial only, and as to one issue only out of several, the costs are in the discretion of this Court (Rev., 1279), and each party will pay his own costs of the appeal.

Motion denied.

Cited: Riley v. Sears, 154 N.C. 522. *Page 306

(377)

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The defendant appealed and a new trial was granted upon the fourth issue. 141 N.C. 425. The defendant now moves for judgment and execution against the prosecution bond of plaintiff, for the costs of the appeal. This would be allowed under the terms of Revisal, 1251, if the defendant had gained an entire reversal in this Court, but as it was awarded a partial new trial only, and as to one issue only out of several, the costs are in the discretion of this Court (Rev., 1279), and each party will pay his own costs of the appeal.

Motion denied.

Cited: Riley v. Sears, 154 N.C. 522. *Page 306

(377)

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Bluebook (online)

55 S.E. 296, 142 N.C. 376, 1906 N.C. LEXIS 261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rayburn-v-casualty-company-nc-1906.

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