Anonymous — 4 Cow. 357

Majority

p. 357

Anonymous.

Headnote

party into con-p™^”“f" costa, the rule should be entered expressly directing him to pay costs.

The rule that where a motion is denied, costs follow of course, unless the contrary be expressed, is merely directory to tht< clerk ; and, to subject a party to. their payment, the clerk should enter the rule for costs.

J. Hooker, moved for an attachment for the non-payment of costs. He produced a rule by which a motion made by the party against whom he moved was denied,

p. 358

but the rule did not say with costs. He relied on Jackson v, Gayer, Cowen’s Rep. 484,) that where a motion is denied, costs follow of course, unless the contrary be expressed. .

That rule is merely directory to the clerk, that unless we express the contrary, he should enter the rule with costs. If this was the fact, you should have seen to it, that the rule was entered correctly. It should contain an express order to pay the costs, to bring the party into contempt.

Motion denied.