Mack v. McCullock

Headnote

It is necessary for an officer, who is sued as such, to make application to the court for double costs, where he succeeds in the suit; only single costs of the motion will be allowed.

Motion by defendant for double costs.

This was an action of replevin against the defendant as a general deputy sheriff In February last judgment as in case of nonsuit was obtained by defendant, and the value of the property assessed upon a writ of inquiry.

Plaintiff’s counsel objected: 1st, that no motion for double costs was *necessary; that defendant’s notice showed him to be an officer, and the pleadings should have been presented to the taxing officer, and double costs taxed of course. 2d, he should not ask for costs of this motion, and, if any, only single costs.