52 N.C. 30 | N.C. | 1859
The question in this case arose in an action in detinue, which was tried at this term, wherein the plaintiff, as the administrator of Sarah Robinson, sought to recover from the defendant "five slaves," "six parlor chairs," and "one bed and furniture." The defendant claimed the slaves as a gift from plaintiff's intestate, and adduced in evidence a deed of gift, which the plaintiff attacked on the ground that his intestate was noncompos mentis. Nine witnesses were offered and examined by the plaintiff, and a larger number by the defendant. Two of the nine were examined by the plaintiff as to all the property sued for, the other seven only as to the five slaves. The jury found that the *25 defendant detained the parlor chairs and the bed and furniture, but did not detain the slaves.
Upon this finding, the court gave judgment that the plaintiff recover the said chairs and the bed and furniture and all his costs, to be taxed by the clerk, from which the defendant appealed. (31) The judgment of the court below is in the precise language of the statute. It was enacted (Rev. Code, ch. 31, sec. 75) that "in all actions whatsoever the party in whose favor judgment shall be given, or, in case of nonsuit, dismission, discontinuance, or stay of judgment, the defendant shall be entitled to full costs, unless where it is or may be otherwise directed by statute." As there was a verdict and judgment below for the plaintiff, it follows that there should also be a judgment in his favor for full costs, to be taxed by the clerk. Where a party is entitled to a judgment for costs, he is, under our statute, entitled to all his costs, or full costs.
This Court, in interpreting the Revised Statute, ch. 31, sec. 79, which is, in substance, the same as the above section of The Code, settled the law as above stated. Costin v. Baxter,
We think the judgment of the Superior Court was right.
PER CURIAM. Affirmed.
Cited: Loftis v. Baxter,