Hale v. Higgins

1 N.C. 58

Opinion

RESOLVED, that where the words of the statute, were that the plaintiff shall have no more costs than damages &c. in an action &c. begun and prosecuted &c. and the action was commenced before the Parliament and prosecuted afterwards. The plaintiff shall have no more costs; although a man is said to prosecute an original writ, when he begins. But it was answered that the prosecution is after the commencement. Therefore &c. Antea p. 2. Sandal's case.