{
  "id": 8694029,
  "name": "J. M. YOUNG v. THE COMMISSIONERS OF BUNCOMBE",
  "name_abbreviation": "Young v. Commissioners of Buncombe",
  "decision_date": "1877-01",
  "docket_number": "",
  "first_page": "316",
  "last_page": "317",
  "citations": [
    {
      "type": "official",
      "cite": "76 N.C. 316"
    }
  ],
  "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": [
    {
      "cite": "71 N. C. 62",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11276992
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/71/0062-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T21:21:57.000998+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "J. M. YOUNG v. THE COMMISSIONERS OF BUNCOMBE."
    ],
    "opinions": [
      {
        "text": "Read\u00ae, J.\n1. The pay of jurors is whatever the County Commissioners shall allow not exceeding one dollar and fifty cents per day. Rat. Rev. ch. 105 \u00a7 23.\nThe presiding Judge has no power to increase that allowance in any given case. And we suppose that when -IJis Honor directed the Sheriff to furnish the jury with \u201cboard and lodging\u201d during the trial he only meant -what is usual*\u00bb to allow the jury to have refreshments during the trial to'be procured of course at their own expense. And as the jurors could not separate to procure refreshments the offieer-was directed to wait upon them. Brandon v. Com\u2019rs of Caswell, 71 N. C. 62.\n2.\\ The witness ticket which the plaintiff obtained from the Clerk for his attendance as a witness was merely evidence that he had attended as a witness, but it furnished no' evidence as to how he was to be paid. That was to be pass- \u2022 ed upon and had not been passed upon by the Judge. Until that is done the Commissioners of Runcombe are not-liable.\nNo error.\nPer Curiam. Judgment affirmed-",
        "type": "majority",
        "author": "Read\u00ae, J."
      }
    ],
    "attorneys": [
      "Messrs. W. H. Malone and M. E. Carter, for plaintiff.",
      "Mr. J. H. Merrimon, for defendants."
    ],
    "corrections": "",
    "head_matter": "J. M. YOUNG v. THE COMMISSIONERS OF BUNCOMBE.\nCounty \u2014 Liability for Board of Jury \u2014 for Pay of Witnesses.\n\"1. A. County is not liable for the board of a jury in a 'capital case during the pendency of the trial.\n\u00dc. A witness in a criminal action has no claim upon the County, until the. liability of the County for the costs is passed upon by the Court.\n(.(Brandonv. Oom'rs of Caswell, 71 N. O. G'2. cited and approved )\nCivil Action, commenced before a Justice of the Peace in B\u00fcNCOMBE County and taken by appeal to the Superior \u25a0'Court, heard at Chambers on the 23rd of January, 1877, before Ifenry, J.\n1. During a trial for a capital felony at Spring Term, 1876, \u2022 \u25a0of said Court the plaintiff furnished the jury with board for -six days. The defendant in the case was acquitted and the plaintiff brought this action to recover $117 the amount of 'his bill.\n2. The plaintiff also alleged that he was entitled to an ad- \u2022 ditional amount of $6.80 for attendance as a witness in a criminal action removed from said County to Henderson \u25a0County. The defendant in this case was convicted and being insolvent the Clerk at Henderson certified the bill of \u25a0costs to Buncombe and the defendants refused to pay.\nHis Honor dismissed the action and the plaintiff appeal- \u2022 ed.\nMessrs. W. H. Malone and M. E. Carter, for plaintiff.\nMr. J. H. Merrimon, for defendants."
  },
  "file_name": "0316-01",
  "first_page_order": 328,
  "last_page_order": 329
}