§ 6-33. Costs on appeal generally. - North Carolina Statutes

Article4.

Costs on Appeal.

§ 6‑33.  Costs on appealgenerally.

On appeal from a magistrate orany court of the General Court of Justice, if the appellant recovers judgment,he shall recover the costs of the appeal and also those costs he ought to haverecovered below had the judgment of that court been correct. If in any court ofappeal there is judgment for a new trial, or for a new jury, or if the judgmentappealed from is not wholly reversed, but partly affirmed and partlydisaffirmed, the costs shall be in the discretion  of the appellate court. (Code,s. 540; Rev., s. 1279; C.S., s. 1256; 1969, c. 44, s. 19; 1971, c. 269, s. 7.)