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 *19negro has been restored to her—and judgment for costs.