{
  "id": 8686866,
  "name": "W. W. PEGRAM v. COMMISSIONERS OF GUILFORD COUNTY",
  "name_abbreviation": "Pegram v. Commissioners of Guilford County",
  "decision_date": "1876-06",
  "docket_number": "",
  "first_page": "120",
  "last_page": "122",
  "citations": [
    {
      "type": "official",
      "cite": "75 N.C. 120"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
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  "last_updated": "2023-07-14T18:17:21.962704+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "W. W. PEGRAM v. COMMISSIONERS OF GUILFORD COUNTY."
    ],
    "opinions": [
      {
        "text": "Settle, J.\n\u201c All witnesses summoned or recognized in behalf of the State shall be allowed the same pay for their daily attendance, ferriage and mileage as is allowed to witnesses attending in civil suits.\u201d Rev. Code, chap. 35, sec. 37.\nThe Act proceeds to define in what cases the defendant shall pay costs, and also in what cases the Court may, in its discretion, order the prosecutor to pay costs.\nBut suppose the Court should order an insolvent prosecutor to pay costs, can it be that the County would thereby be discharged from its primary liability to State\u2019s witnesses ? Such cannot be the fair construction of either chap. 35, sec. 37, or of chap. 28, sec. 9, of the Revised Code.\nIf the prosecutor is not insolvent and is made to pay, well and good; otherwise, the County remains liable.\nIn all cases where the County is liable to pay costs, that County wherein the offence shall have been charged to be committed shall pay them. Rev. Code, chap. 28, sec. 10.\nIn the case at bar his Honor, Judge Tourgee, ordered the proscutor to pay costs, and it now appears by the sheriff\u2019s return upon an executon that the prosecutor is insolvent.\nTrue, his Honor required of the prosecutor a bond to secure the costs, which was given, and while it may be good and made available as a bond at common law, yet as there was no authority in the Court to require such a bond, we may dismiss it for the present from our consideration.\nOur attention was called to the Act of 1868-69, chap. 178, sec. 40, but that only applies to the costs of officers in preliminary proceedings, which by said Act are placed at the discretion of the Judge before whom the case shall be tried.\nBut the defendants deny the power of his Honor, Judge Kerr, the successor of Judge Tourgee, to make an order upon the County of Guilford for the payment of these costs. If this objection be founded upon the Act of 1868-\u201969, chap. 178, sec. 40, we have already seen it has no application to the case before us.\nIf it be based upon the broader ground that Judge Kerr could make no order in a cause which had been disposed of by Judge Tourgee, the reply is, the cause for the purpose of collecting costs is still pending, and the order of Judge Tourgee for that purpose having proved abortive, it was already within the province of Judge Kerr, or whoever might be the Judge of that district, to make orders in that as in all other causes pending at the close of Judge Tour-gee\u2019s term.\nThe judgment of the Superior Court is affirmed.\nLet this be certified.\nPer Curiam. Judgment affirmed.",
        "type": "majority",
        "author": "Settle, J."
      }
    ],
    "attorneys": [
      "Mendenhall & Staples and Walter Clark, for the appellants.",
      "Scott & Caldwell, contra."
    ],
    "corrections": "",
    "head_matter": "W. W. PEGRAM v. COMMISSIONERS OF GUILFORD COUNTY.\nWhen a Judge below orders an insolvent prosecutor to pay costs, and be fails or is unable to pay, the eounty in which the offence was committed becomes liable to pay the same.\nMotioN heard before his Honor, Judge Kerr, at Fall Term, .1875, of RockiNGHAm Superior Court.\nThe motion was made in behalf of W. W. Pegram, who was a witness for the State in the case of the State v. John W. Thomas. An indictment for perjury was found against the defendant at Fall Term, 1869, # of Guilford Superior Court, and the cause was removed to Rockingham for trial. W. B. March was, by order of the Court, endorsed upon the hill as prosecutor.\nAt Fall Term, 1870, a nol. pros, was entered and judgment rendered against the prosecutor for cost.\nUpon the hearing of the motion, the Court granted an order to the Board of Commissioners of Guilford County to pay the cost.\nThe only question presented upon the hearing was as to the power of the Court to grant such order.\nThe defendants appealed.\nMendenhall & Staples and Walter Clark, for the appellants.\nScott & Caldwell, contra."
  },
  "file_name": "0120-01",
  "first_page_order": 128,
  "last_page_order": 130
}