Warner v. Smith

Judge Underwood

delivered the Opinion of the Court.

A nonsuit was suffered ; and thereupon the circuit court rendered judgment against the,plaintiff, in favor of the defendants, for seven dollars and fifty cents, instead of one hundred and fifty pounds of tobacco, and ’the costs of suit. The only question is, whether the judgment for the seven dollars and fifty cents be correct or not.

The twenty second section of the act of 1795, entitled an act to establish district courts, provides, that the plaintiff, if he be nonsuited, shall pay the defendant, forty five shillings, equal to seven dollars…