Lee v. Norcom, 16 N.C. 372, 1 Dev. Eq. 372 (1830)

June 1830 · Supreme Court of North Carolina

16 N.C. 372, 1 Dev. Eq. 372

William Lee v. James Norcom,

From Chowan.

Upon the removal of an Equity cause to this Court, under the act of 1818 {Rev. c. 962) the original papers are to be sent here- — and if the Clerk below sends copies of them, the costs of the copies can not be taxed.

This was a bill for an account of profits of lands, which the Plaintiff and Defendant jointly cultivated.— The issue between the parties involved matters of fact only.

After the hearing, Hogg, for the Defendants, objected to the bill of costs which was sent up from the Court below, because notwithstanding the cause was removed to this Court forbearing, the Clerk and Master below had made out a transcript of the papers, instead of sending the originals, and had charged the «cud costs of copies.

Devereuoc, for the Plaintiff, concurred with Hogg, ia moving that the taxation be reformed.

Ruffin, Judge.

— This cause was removed for original hearing in this Court, under the act of 1818. (Rev. c. 962, s. 5.) The construction of which is, that the whole case and the original papers are to be sent. It is not like an appeal. In this last, the decree is that of the Court below, and this Court reverses or affirms it. The pleadings and proofs must therefore remain below, as the foundation of the decree. But upon removals, the decree is altogether the act of this Court. The Clerk and Master of Chowan ought not therefore to have sent a transcript; and he cannot charge the. parties the fee for making it. His bill of costs must be reformed by sud sting that item out.

Per Curiam.

— Let the costs of the copies sent to tide Court be stricken from the bill of costs. •