25 S.E. 789 | N.C. | 1896
At Fall Term, 1894, upon the hearing, the Court being of opinion, on the authority of S. v. Spencer,
"The Supreme Court having adjudged that so much of the judgment heretofore rendered as taxed the costs against the county of Pamlico was erroneous, it is, thereupon, on motion of Simmons Ward, attorneys for the officers of the Court and the defendants, adjudged that the county of Pamlico is not liable for the costs, and further, that the State of North Carolina do pay the costs of this action, to be (51) taxed by the Clerk, and that the Clerk's office do recover of the State of North Carolina the costs. It is further ordered that W. J. Leary, present Solicitor, be added as a relator."
Plaintiff excepted to the judgment, and appealed, assigning as error the part of said judgment that taxes the State of North Carolina with the costs.
This action was authorized by Laws 1893, ch. 287, sec. 4. It has been held that the defendant is not liable for the cost consequent upon the failure of the action. Blount v. Simmons,
It is urged that no citizen can maintain an action against the State, and that is true. Battle v. Thompson,
How the judgment will be satisfied is a question not now before us.
AFFIRMED. *30
Cited: Wikel v. Comrs.,