Hale v. Higgins, 1 N.C. 58, 1 Mart. 58 (1793)

1793 · United States Circuit Court for the District of North Carolina
1 N.C. 58, 1 Mart. 58

Hale vs. Higgins.

Pasch. 1 Car.

RESOLVED, that where the words of the statute, were that the plaintiff shall have no more costs than damages &c. in an action &c. begun and prosecuted &c. and the action was commenced before the Parliament and prosecuted afterwards. The plaintiff shall have no more costs; although a man is said to prosecute an original writ, when *59he begins. But it was answered that the prosecution is after the commencement. Therefore &c. Antea p. 2. Sandal's case.