The defendants found Not Guilty, are entitled to their costs separately, including each an attorney’s fee.
Stockstill v. Shuford, 1 N.C. 556, 1 Cam. & Nor. 556 (1804)
Dec. 1804
·
North Carolina Court of Conference
1 N.C. 556, 1 Cam. & Nor. 556
Elisha Stockstill vs. John Shuford & others.
The plaintiff brought an action of trespass, assault and battery against six defendants; they employed different counsel, and several in their defence, each pleading Not Guilty severally. They issues were all submitted to the jury at the same time, who found four of the defendants Guilty, and the other two Not Guilty.
The question referred to this court, was “Whether the defendants who were found Not “Guilty, were entitled to their costs, and what “costs?”