Herbert v Williams
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
| Court | Court of the King's Bench |
English Reports Citation: 96 E.R. 790
COURT OF KING'S BENCH
Herbert
and
ers. Williams
[24] easter term, 25 geo. 2, 1752. Sir William Lee, Chief Justice. Sir Martin Wright, Sir Thomas Denison, Sir Michael Foster, Justices. herbert vers. williams. The costs of a feigned issue, ordered in a criminal proceeding, ought always to follow the verdict. Upon a rule to shew cause, why an information should not be filed against the defendant, for a misdemeanor, a feigned issue was, by consent, ordered. The issue having been found for the defendant, and the rule to shew cause having in consequence of the verdict been discharged, the question, upon an application by the defendant for costs, was, whether, as costs are not mentioned in the rule for the feigned issue, or in the rule for discharging the rule to shew cause, he ought to have any 1 [25] It was holden, that he ought to have the costs of the issue, but not any of the rule to shew cause. And by Wright J. (Lee Ch.J. being absent)-It has been said ; that although costs always follow the verdict, when a feigned issue is ordered in a civil action, none ought to be paid, when a feigned issue is ordered in a criminal proceeding; because neither party is entitled to costs in a criminal proceeding : but in the case of Still v. Rogers, wherein a feigned issue was ordered in a criminal proceeding, it was holden, that costs ought to follow the...
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