The costs must necessarily be paid by the plaintiff, whose entry on the premises has destroyed the effect of his writ.
Gubbs v. Ellis, 5 N.C. 612, 2 Car. L. Rep. 612 (1816)
July 1816
·
Supreme Court of North Carolina
5 N.C. 612, 2 Car. L. Rep. 612
Gubbs v. Ellis.
In this ejectment for plea since the last continuance, the defendant saith, that the lessor of the plaintiff, by his agent and attorney in fact, hath possessed himself of the premises in question and maintains the possession, &c.
*613To which the lessor of the plaintiff demurs generally. Joinder in demurrer. The question upon the demurrer is, at whose cost the suit shall he dismissed? Which is referred for decision to the Supreme Court.