Brown v. Stearns

13 Mass. 536

Opinion

By the Court.

There seems to be no good reason why the defendant, who has been acquitted, and whose innocence is thus established, should not recover his costs. It is plain from the verdict, that the plaintiff had no cause of action against him ; as between him and the plaintiff, he is the prevailing party. The verdict has severed the two defendants as effectually as their pleading several pleas would have done. Let costs be taxed for the defendant, in whose behalf the motion was made.