Majority
p. 167Nichols against Ketchum.
Headnote
Where a sheriff or other officer is sued, and the plaintiff recovers less than fifty dollars damages, the defendant is entitled to single costs only. Hie act giving thdm double coats, does not apply to such a case.THIS was an action on the case against the defendant, as sheriff, in which the plaintiff recovered less than 50 dolIsi^s damages. The defendant, therefore, by the statute, beipg entitled to costs, a motion was made that he he allowed to recover double costs.
J. Tallmadge, for the defendant.
P. Ruggles, contra.
The statute (1 N. R. L. 155. sess. 24. ch. 97.) gives double costs only where the verdict passes for the defendant, who is sued as an officer, or the plaintiff becomes nonsuit or suffers a discontinuance; not where the plaintiff recovers a verdict against the defendant. That the defendant is entitled to costs at all, depends on another act, (1 N. R. L. 343. sess. 36. ch. 96. s. 4.) which is silent as to double costs. The defendant, therefore, can recover only single costs.
Motion denied»