James Newbold’s Lessee v. Stockley 1 Del. Cas. 10, Wilson’s Red Book, 5

Motion by defendant for a new struck jury, which plaintiff’s attorney insisted should be at defendant’s own expense of strik*11ing which he said had been done in the case of Conwell v. Conwell; which not appearing from the records, and Mr. Bassett [the clerk], asserting the practice to be contrary, the Court directed the costs to abide the event of the suit.