The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-03-19
TO GOVERN BILLS OF COSTS.
An Important Recent Decision of the
Supreme Court.

An Important Recent Decision of the
Supreme Court.
The recent decision of the Supreme
court in the case of the State in relation
of Blount against Commissioners of
Pamlico county, relating to costs in the
Superior courts of the State, in certain
cases, holds that an appeal may lie to the
Supreme court to correct erroneous taxa
ton in bills of cost The deci-
sion further lays down for Super
ior court clerks an authoritative con-
struction to be followed in taxing costs.
This part of the opinion of the court
is in these words:
The items of cost, taxed by the clerks
of the Superior court have rarely been
before this court and hence the fee bill
(The Code section 3739, amended by
Acts 1888, chapter 1890 has been corr
strued by the different clerks in the State,
each according to his own judgment and
doubtless in many instances illegally and
to the great wrong of suitors. The items
of the present bill present some of these
errors for correction Appeal and docket
ing in Supreme court, taxed at S3 each
should be So and the State is only taxa
BILE with the last appeal, the first having
been decided against the defendants. The
entry of two judgments in term time
So would be illegal if this were "a Grimm
al action, since 81 is only allowed by
statute for Judgment when the judg
ment is against the defendant, but the
charge is valid in this instance, as this
is a civil action, though the State is plain
tiff. But on the first appeal the judg-
ment was held TO have been enormously
entered against the county of Pamlico
and was set aside, and the State cannot
be taxed with that 81. nor, as above
said, with the appeal and docketing
in that appeal-only for the last Judgment
and appeal The charge of 10 cents for
docketing, filing and indeXing judgment
! is also disallowed. The statute does not
| contemplate that bills of cost, devOlved
upon the State or county by mol pros
| or even a verdict of not guilty or even
! in a civil action, shall I've docketed, since
no lien can be acquired by such docket
ing. An observance of this will save
many thousands of dollars which are inn
properly taxed against the county in
cases where the prosecution fails The
charge motion for judgment % cents is
often made by clerks, but is illegal. The
I! is a motion in the cause, made in writing
i and requiring to be recorded, and not
/ the verbal application for IL judg-
/ ment. Nor is there any notice in the
/. papers justifying the charge of % cents
and we cannot see the necessity of any
1 unless the clerk thought 10 charge for
| motion of motion for Judgment Cor
recting the bill as above. the S13 Is should
a
/ ing out bills have become a matter of
! public complaint Yet there is this ex-
cuse, that bills of cost having rarely been
/ before the courts, the clerks, no matter
how conscientious, have had no authorita-
I tive construction TO follow Hence there
has been very little uniformity, each clerk
being like the Gentiles of old "a law
unto himself" 1t has been a mistaken
! conception that an appeal does not lie to
! this court to correct erroneous taxation
Of items in hills of cost Parties have a
I! right to have such orders reviewed here
| on appeal, and in that manner only can
! uniformity be maintained. The court
has often held that where the subject
! matter of an action has been destroyed
Ivy accident, compromise or otherwise, the
court will not try such eases on the merits
! merely to determine which side should
| pay the cost Estate vs. Horne 119 y. ca
/ This is what is meant that the court
will not hear an appeal involving only a
ma ter of costs. The court never meant
to hold that litigant could be taxed
with items of cost not allowed by law
and be without the remedy of an appeal
TO redress his wrongs. But for chapter
1919 of the Acts of 1885. which evidently
was prepared in the interest of large fee
(; bills and which has nothing of merit to
recommend it. this and all other bills
of cost might be pruned of many items
charged without corresponding service