Superior Court Office v. Lockman, 12 N.C. 146, 1 Dev. 146 (1827)

July 1827 · Supreme Court of North Carolina

12 N.C. 146, 1 Dev. 146

JULY TERM, 1827.

Superior Court Office v. David Lockman,

From Lincoln.

A. party is at all times answerable for his own costs, and though he succeed in the cause, execution may issue against him therefor, if the same cannot be made out of the party cast.

Lockman recovered judgment, in the Court below against one Mien, and the Sheriff retinoid “ NuMa bo-na” to a fieri facias issuing thereon, and the lees due the officers of the Court for services rendered at the instance of Lockman, the Plaintiff, remaining unpaid, a notice was served on iiitn to shew cause why execution should not issue against him for 1 he amount of those fees.

A motion being made below for execution, according to the notice, his Honor Judge Sthasge, who presided, refused the motion and dismissed the proceedings J upon, which, the case was brought here by appeal.

Wilson, who appeared in this Court in support of the motion,

cited Revisal, c. ISZ — Merrits v. Merrits (l Sap 20) and Officers v. Taylor (ante 99.^

Ham, Judge.

Strictly speaking, the party is at all f¡mes answerable for bis own costs ; but under the act 3 of 1777. Rev. c. 115, s.'90, the successful party being authorised to recover them from the party cast, the practice has been to wait (he event (if the suit, and then to issue execution against, the party cast for costs ; before which time, the officers do not claim to be paid'their costs. But when the Plaintiff’s costs cannot be recovered of the Defendant, there is no reason why the Plaintiff should not pay them. And so it was held, in Merrit v. Merrit, and Brehon v. Tatom’s adm’r. (1 Hay. 20). I therefore think, that in this case, the motion ought to have been allowed in the Superior Court.

Per Curiam, Judgment reversed.