after this case had been twice argued. The plaintiff may proceed for her damages and costs, notwithstanding the *19negro has been restored to her—and judgment for costs.
Merrit's Executors v. Merritt, 1 N.C. 18, 1 Mart. 18 (1789)
April 1789
·
North Carolina Superior Court
1 N.C. 18, 1 Mart. 18
Halifax,
April Term, 1789,
MERRIT’s EXECUTORS versus MERRITT.
DETINUE. This was a case agreed, viz, the plaintiff had brought a suit in detinue for a negro in possesion of the defendant, and after issue joined, the defendant restored the negro to the plaintiff; if the court were of opinion that the plaintiff could proceed for damages and costs, or costs alone ; then there should be judgment for costs: if otherwise a nonsuit should be entered.
Davie for Plaintiff,
Iredell for Defendant,