Arrington v. Battle.

6 N.C. 246

Opinion

Ham, Judge,

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 arbitrators directed the negro to be delivered up by Arrington, and a certain sum of money to be paid by Battle. Thus the rights of the parties, n ith respect to the subject matter of the suit were 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 \yhole cost,?. Upon legal principles then it will follow, that,each parly 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 jiarty separately. In Ihe other action, Arrington mtet pay the costs, because thte arbitrators have said' so.