Majority
p. 475Norton against Rich. objected, that the defendant should have applied before the cause was referred, or tried, to stay the proceedings until security was given for the costs. ( 13 Johns. Rep. 330 .)
Headnote
Though costs party,on amotion to change the venue; yet event^of6 the a”d ™ay judgment.WEJYDELL moved for an attachment for the non-payment of costs, against Selden and Post, to whom Norton, the plaintiff, had assigned a demand against Rich, for which a suit 111 , _ . had been brought in the name or J\. against R. and on a report of referees, a judgment was given in favour of R. against N. for 35 dollars. The affidavits stated that Norton was insolvent, and that the costs had been regularly taxed and demanded of the assignees of N.} who had refused to pay the bill.
L. Mitchell, contra,
That is a remedy which the party may have pending the suit; but he is, also, entitled to an attachment, after a judgment in his favour. The motion must be granted.
Mitchell objected, that items had been taxed in the bill for costs, on making a motion to change the venue in the
CBtiSG*
Although costs are not given on a motion
p. 476
to change the venue in a cause, yet they abide the event, an(j the party may have them taxed, when final judgment is signed.
Motion granted.