Owen v. . Paxton

Citations

• 30 S.E. 343
• 122 N.C. 770
• 1898 N.C. LEXIS 346

Syllabus

<p>Costs— Taxation of — Judgment.</p> <p>Where, as a condition of a continuance, the plaintiff in an action was required to pay the accrued costs and they were taxed, docketed and paid, and a judgment was subsequently entered in the action directing the repayment of such costs by the defendant; Held, that such costs became apart of the judgment, not as costs, as such, but as a part of the judgment already ascertained by reference to the docket as for so much money paid by plaintiff for defendant’s benefit, and, hence, there was no necessity for a retaxation of the costs.</p>