Majority
p. 426Wales against Hart & Dowd.
Headnote
Where a constable is sued for selling property on judgment’fein his favor, he doubie costs;where^he^is sued jointly with another jointly6-7 Ptho<’ the judgment be in favor of both. .
On certiorari to a Justice’s Court. Trover, in the Court peiow w Wales against Hart &. Dowd. The defendants J 0 pleaded jointly the general issue ; and the verdict was for the defendants. The defence ivas that the property in question belonged to one Davis against whom Hart, as constable, had an execution by virtue whereof he levied upon an^ s0^ t*16 property to Dowd. The Justice gave judgment for the defendants, with double costs.
J. Birds all, for the plaintiff in error,
Rexford, co ntra.
The defendant, Hart, would have boen entitled to his double costs, had he pleaded separately: but joining with Dowd, the purchaser, single costs only were allowable. The judgment must be reversed, as to the costs.
Judgment accordingly.