Arrington v. Battle, 4 N.C. 109, 1 Car. L. Rep. 109 (1813)

Jan. 1813 · Supreme Court of North Carolina

4 N.C. 109, 1 Car. L. Rep. 109

Arrington v. Battle.

CERTIORARI.—The defendant had brought two suits against the plaintiff; one in detinue, and one in trespass for false imprisonment. After issue joined, both causes were referred by consent to three abitrators, who awarded that in the action of detinue, Arrington should return to Battle the Negro woman sued for, and her increase, and that Battle should pay Arrington the purchase money. In the action of trespass, they awarded that Arrington should pay Battle £250 and costs, Arrington delivered the Negroes according to the award in the action of detinue, but refused to pay the costs, to obtain which Battle issued an execution. It was the object of the present application to set aside this execution. The affidavit and certificate of two of the arbitrators were filed, in which they stated their intention to have been that Arrington should pay the costs in both suits.

Plummer for the Plaintiff—Seawell for the Defendant.

Hall, J.

delivered the opinion of the Court:

The only question that can arise here, is with respect to the action of detinue. In that action the referees directed the Negroes to be delivered up by the defendant, and a certain sum of money to be paid by the plaintiff. Thus the rights of the parties, with respect to the subject matter of this suit, was settled. This Court is not applied to, to set that award aside. There is no law which, in a case situated as this is, directs that either party shall pay the whole costs. Upon legal principles, then it will follow that each party shall pay his own costs to the Clerk, as for work and labor done. Those costs being ascertained, the Clerk is at liberty to issue an execution against each party accordingly. In the other action Arrington must pay the costs, because the referees have said so.