62 S.E. 416 | N.C. | 1908
Defendant appealed.
This case has been here twice before upon defendant's appeal (
The court properly refused to grant the motion as to the costs of *249
the Superior Court on the two former trials. "The costs (of the trial court) follow the result of the final judgment." Williams v. Hughes,
It follows that, if the defendant did not actually recover the costs of transcripts and certificates paid by it on the two former successful appeals, it is entitled to have those sums deducted from the costs now taxed against it in favor of the plaintiff. Such costs are like the costs of this Court on said appeal, which, paid by the unsuccessful (336) plaintiff-appellee, cannot be recovered back by him, though he now recovers final judgment in the controversy. Indeed, the costs of defendant in the two appeals had not been actually paid by plaintiff, but the Judge properly allowed them to be deducted from the plaintiff's judgment.
The judgment is
Modified and affirmed.
Cited: Carroll v. James,