
    The inhabitants of the town of Litchfield against The inhabitants of the town of Farmington.
    Where there are two counts in the declaration, for distinct causes of action, and the plaintiff obtains a verdict on one count and the defendant on the other, the defendant i-s entitled to his oosts.
    A new trial having been granted, pursuant to the advice of this Court, ante 100. 110., the cause was tried again, at Litch-field, August term, 1828, when the jury returned a verdict for the plaintiffs on one count in the declaration, and for the defendants on the other. The defendants moved for costs on the count found for them; it being admitted, that this was for a distinct cause of action from that on which the other count was founded. The plaintiffs resisted this motion ; and the question which it involved, was reserved for the consideration of the Supreme Court of Errors.
    The case was now submitted without argument.
   By the Court.

Where there are two counts in the declaration, for distinct causes of action, and the plaintiff obtains a verdict on one count, and the defendant on the other, the defendant is entitled to his costs.  