Ryden v. . Jones

10 N.C. 24

• Court: Supreme Court of North Carolina
• Decided: June 5, 1824
• Status: Published

Opinion

Gaston produced a notice to the petitioners, from the Defendant, of an intended motion for a rule to shew cause, why there should not be a new taxation of costs in this case. It was a petition for distributive shares, filed against the Defendant, as executor, in which a decree had been made for petitioners, (Fide 1 Hawks Hep. 497,) and the clerk had taxed the Defendant with the costs of Plaintiffs’ witnesses. The Court granted the rule, and afterwards made it absolute, stating that cases of this kind must bo governed by the rules of Chancery practice, and that Plaintiff might have taken the depositions of his witnesses. A new taxation of costs was ordered accordingly.