Stockstill v. Shuford

• Decision Date: 31 December 1804
• Citation: 5 N.C. 39
• Parties: ELISHA STOCKSTILL v. JOHN SHUFORD ET AL.
• Court: North Carolina Supreme Court

5 N.C. 39

ELISHA STOCKSTILL

v.JOHN SHUFORD ET AL.

COURT OF CONFERENCE OF NORTH CAROLINA

DECEMBER TERM, 1804.

Where defendants in a civil action sever on their defense, those who succeed will recover costs.

THE plaintiff brought an action of trespass, assault and battery against six defendants; they employed different counsel, and severed in their defense, each pleading not guilty severally. The 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 entitledto their costs, and what costs ?"

BY THE COURT. The defendants found not guilty are entitled to their costs separately, including each an attorney's fee.

Cited: Sharpe v. Jones, 7 N. C., 311; McNamara v. Kerns, 22 N. C., 70.