
    Halifax,
    
      April Term, 1789,
    MERRIT’s EXECUTORS versus MERRITT.
    DETINUE. This was a case agreed, viz, the plaintiff had brought a suit in detinue for a negro in possesion of the defendant, and after issue joined, the defendant restored the negro to the plaintiff; if the court were of opinion that the plaintiff could proceed for damages and costs, or costs alone ; then there should be judgment for costs: if otherwise a nonsuit should be entered.
    
      Davie for Plaintiff,
    
      Iredell for Defendant,
   Per Curiam,

after this case had been twice argued. The plaintiff may proceed for her damages and costs, notwithstanding the negro has been restored to her—and judgment for costs.  