{
  "id": 8694413,
  "name": "B. C. MAYO and others v. CALVIN JONES and another",
  "name_abbreviation": "Mayo v. Jones",
  "decision_date": "1878-01",
  "docket_number": "",
  "first_page": "406",
  "last_page": "407",
  "citations": [
    {
      "type": "official",
      "cite": "78 N.C. 406"
    }
  ],
  "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": [],
  "analysis": {
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    "ocr_confidence": 0.45,
    "pagerank": {
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    "sha256": "7d427450a06e59a7629c61164b2cc8ca05cdf3b75af04237e31c1983db004edf",
    "simhash": "1:b4d7f654dc883c43",
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  "last_updated": "2023-07-14T19:04:18.240606+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "B. C. MAYO and others v. CALVIN JONES and another."
    ],
    "opinions": [
      {
        "text": "Reade, J.\nHis Honor ordered the cost to be paid by the plaintiff executor out of the funds of the estate, although the plaintiff was successful in establishing the will which the defendant caveated. In this we think His Honor was right.\nThe statute provides that the costs in all cases of caveated wills and testaments shall be paid as the Court may in its discretion direct. Bat. Rev. ch. 119, \u00a7 26.\nBut it is insisted that that statute is virtually abrogated by C. C. P. \u00a7 \u00a7 276 and 294. \u00a7 276 provides that \u201c costs shall \u25a0be allowed of course to the plaintiff upon a recovery in the following cases.\u201d And then the cases are enumerated. But this is not one of them. \u00a7 294 provided that \u201c the costs in special proceedings shall be as herein allowed in civil actions, unless where otherwise specially providedIt. is \u201c otherwise specially provided\u201d that costs in this case shall be at the discretion of the Court.\nThere is no error.\n. .Pee Cukiam. Judgment affirmed.",
        "type": "majority",
        "author": "Reade, J."
      }
    ],
    "attorneys": [
      "Same counsel as in preceding case."
    ],
    "corrections": "",
    "head_matter": "B. C. MAYO and others v. CALVIN JONES and another.\nWill \u2014 Devisavit Vel Non \u2014 Riser etionary Power of Court as to Costs.\nIt is within the discretionary power of a Court, before which an issue of devisavit Del non is tried, to direct the payment of the costs out of the estate.\nAppeal from an Order made at Spring Term, 1877, of Edgecombe Superior Court, before Lure,\u2022 J.\nThe plaintiffs, propounders of the will of Me. G-. Jones, deceased, appealed from so much of the judgment as directs the costs of action to be paid by the administrator with the will annexed out of the assets of the testator\u2019s estate, upon the ground that the Court had no power to render such judgment. (See preceding case).\nSame counsel as in preceding case."
  },
  "file_name": "0406-01",
  "first_page_order": 422,
  "last_page_order": 423
}