Stockstill v. Shuford, 5 N.C. 39, 1 Mur. 39 (1804)

Dec. 1804 · Supreme Court of North Carolina
5 N.C. 39, 1 Mur. 39

Elisha Stockstill vs. John Shuford and others.

The plaintiff brought an action of trespass, assault and battery against six defendants; they employed different counsel, and severed in their defence, each pleading JVht Guilty severally. The issues were all submitted to the jury at the same time, who found four ox the defendants Guilty, and the other two JVhi Guilty¡

*40The question referred to this cqurt, was, « Whether the defendants who were found JVbi Guilty, were entitled to their costs, and what costs?”

By .the Court.

The defendants found JVbf Guilty, are entitled to their costs seperately, including each án attorney’s fee.