Wilson v. . Hudspeth

14 N.C. 57

• Court: Supreme Court of North Carolina
• Decided: June 5, 1831
• Status: Published

Opinion

Ham, Judge.

-After stating the case as above, proceeded: The doubts which have brought the case before us are not readily discerned. The condition is that Morgan Hudspeth shall pay all the costs, that shall or may accrue upon a contingency that may happen after that time, namely, a. failure faithfully to prosecute the suit against Wilson. Such failure has taken place, and Hudspeth has failed to pay the costs. The defendants are therefore bound to pay all the costs accruing therein. All the costs are •the costs which accrued before, as well as the costs which accrued after the date of the prosecution bond given by the defendants.

Ter Curiam. — JudgmeNT affirmed.